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 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 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 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 natureend delete 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 insteadend delete 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 The bill would make begin delete that failure,end delete 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 2903 of the Business and Professions
2Code is amended to read:
No person may engage in the practice of psychology,
4or represent himself or herself to be a psychologist, without a
5license granted under this chapter, except as otherwise provided
6in this chapter. The practice of psychology is defined as rendering
7or offering to render to individuals, groups, organizations, or the
8public any psychological service involving the application of
9psychological principles, methods, and procedures of
10understanding, predicting, and influencing behavior, such as the
11principles pertaining to learning, perception, motivation, emotions,
12and interpersonal relationships; and the methods and procedures
13of interviewing, counseling, psychotherapy, behavior modification,
14and hypnosis; and of constructing, administering, and interpreting
15tests of mental abilities, aptitudes, interests, attitudes, personality
16characteristics, emotions, and motivations.
17 Theend delete
18 application of these principles and methods includes,
19but is not restricted to: assessment, diagnosis, prevention, treatment,
20and intervention to increase effective functioning of individuals,
21 groups, and organizations.
22 Psychotherapyend delete
23 within the meaning of this chapter means the
24use of psychological methods in a professional relationship to
25assist a person or persons to acquire greater human effectiveness
26or to modify feelings, conditions, attitudes, and behaviors
begin delete whichend delete
P4 1 are emotionally, intellectually, or socially ineffectual or
Section 2909 of the Business and Professions Code is
4amended to read:
This chapter shall not be construed as restricting or
6preventing activities of a psychological nature or the use of the
7official title of the position for which they were employed on the
8part of the following persons, provided those persons are
9performing those activities as part of the duties for which they
10were employed, are performing those activities solely within the
11confines of or under the jurisdiction of the organization in which
12they are employed, and do not offer to render or render
13 psychological services as defined in Section 2903 to the public:
14(a) Persons who hold a valid and current credential as a school
15psychologist issued by the Commission on Teacher Credentialing.
16(b) Persons who are employed in positions as psychologists or
17psychological assistants, or in a student counseling service, by
18accredited or approved colleges, community colleges, or
19universities; federal, state, county, or municipal governmental
20organizations that are not primarily involved in the provision of
21direct health or mental health services. However, those persons
22may, without obtaining a license under this act, consult or
23disseminate their research findings and scientific information to
24other such accredited or approved academic institutions or
25governmental agencies. They may also offer lectures to the public
26without being licensed under this chapter.
27(c) Persons who meet the educational requirements of
28subdivision (b) of Section 2914 and who have one year or more
29of the supervised professional experience referenced in subdivision
30(c) of Section 2914, if they are employed by nonprofit community
31agencies that receive a minimum of 25 percent of their financial
32support from any federal, state, county, or municipal governmental
33organizations for the purpose of training and providing services.
34Those persons shall be registered by the agency with the board at
35the time of employment and shall be identified in the setting as a
36“registered psychologist.” Those persons shall be exempt from
37this chapter for a maximum period of 30 months from the date of
Section 2910 of the Business and Professions Code is
40amended to read:
This chapter shall not be construed to restrict or prevent
2activities of a psychological nature on the part of persons who are
3salaried employees of accredited or approved academic institutions,
4public schools, or governmental agencies, provided:
5(a) Such employees are performing such psychological activities
6as part of the duties for which they were hired.
7(b) Such employees are performing those activities solely within
8the jurisdiction or confines of such organizations.
9(c) Such persons do not hold themselves out to the public by
10any title or description of activities incorporating the words
11“psychology,” “psychological,” or “psychologist.”
12(d) Such persons do not provide direct health or mental health
Section 2913 of the Business and Professions Code is
16amended to read:
A person other than a licensed psychologist may be
18employed by a licensed psychologist, by a licensed physician and
19surgeon who is board certified in psychiatry by the American Board
20of Psychiatry and Neurology, by a clinic that provides mental
21health services under contract pursuant to Section 5614 of the
22Welfare and Institutions Code, by a psychological corporation, by
23a licensed psychology clinic as defined in Section 1204.1 of the
24Health and Safety Code, or by a medical corporation to perform
25limited psychological functions
begin delete provided thatend delete all of the following
27(a) The person is termed a “psychological assistant.”
28(b) The person (1) has completed a master’s degree in
29psychology or education with the field of specialization in
30psychology or counseling psychology, or (2) has been admitted to
31candidacy for a doctoral degree in psychology or education with
32the field of specialization in psychology or counseling psychology,
33after having satisfactorily completed three or more years of
34postgraduate education in psychology and having passed
35preliminary doctoral examinations, or (3) has completed a doctoral
36degree that qualifies for licensure under Section 2914, in an
37accredited or approved university, college, or professional school
38located in the United States or Canada.
person is at all times under the immediate supervision,
40as defined in regulations adopted by the board, of a licensed
P6 1psychologist, or board certified psychiatrist, who shall be
2responsible for insuring that the extent, kind, and quality of the
3psychological services he or she performs are consistent with his
4or her training and experience and be responsible for his or her
5compliance with this chapter and regulations duly adopted
6hereunder, including those provisions set forth in Section 2960.
7(d) The licensed psychologist, board certified psychiatrist,
8contract clinic, psychological corporation, or medical corporation,
9has registered the psychological assistant with the board. The
10registration shall be renewed annually in accordance with
11regulations adopted by the board.
12 Noend delete
13 licensed psychologist may register, employ, or supervise
14more than three psychological assistants at any given time unless
15specifically authorized to do so by the board. No board certified
16psychiatrist may register, employ, or supervise more than one
17psychological assistant at any given time. No contract clinic,
18psychological corporation, or medical corporation may employ
19more than 10 assistants at any one time. No contract clinic may
20register, employ, or provide supervision for more than one
21psychological assistant for each designated full-time staff
22psychiatrist who is qualified and supervises the psychological
23assistants. No psychological assistant may provide psychological
24services to the public except as an employee of a licensed
25psychologist, licensed physician, contract clinic, psychological
26corporation, or medical corporation.
27(e) The psychological assistant shall comply with regulations
28that the board may, from time to time, duly adopt relating to the
29fulfillment of requirements in continuing education.
30(f) No person shall practice as a
psychological assistant who is
31found by the board to be in violation of Section 2960 and the rules
32and regulations duly adopted
begin delete thereunder.end delete
Section 2914 of the Business and Professions Code is
35amended to read:
Each applicant for licensure shall comply with all of the
38(a) Is not subject to denial of licensure under Division 1.5
39(commencing with Section 475).
P7 1(b) Possess an earned doctorate degree
begin delete (1)end delete in
begin delete (2)end delete in educational psychology, or begin delete (3)end delete in
3education with the field of specialization in counseling psychology
4or educational psychology. Except as provided in subdivision (g),
5this degree or training shall be obtained from an accredited
6university, college, or professional school. The board shall make
7the final determination as to whether a degree meets the
8requirements of this section.
9 Noend delete
10 educational institution shall be denied recognition as an
11accredited academic institution solely because its program is not
12accredited by any professional organization of psychologists, and
13nothing in this chapter or in the administration of this chapter shall
14require the registration with the board by educational institutions
15of their departments of psychology or their doctoral programs in
17 Anend delete
18 applicant for licensure trained in an educational institution
19outside the United States or Canada shall demonstrate to the
20satisfaction of the board that he or she possesses a doctorate degree
21in psychology that is equivalent to a degree earned from a
22regionally accredited university in the United States or Canada.
23These applicants shall provide the board with a comprehensive
24evaluation of the degree performed by a foreign credential
25evaluation service that is a member of the National Association
26of Credential Evaluation Services (NACES), and any other
27documentation the board deems necessary.
28(c) Have engaged for at least two years in supervised
29professional experience under the direction of a licensed
30psychologist, the specific requirements of which shall be defined
31by the board in its regulations, or under suitable alternative
32supervision as determined by the board in regulations duly adopted
33under this chapter, at least one year of which shall be after being
34awarded the doctorate in psychology. The supervisor shall submit
35verification of the experience required by this subdivision to the
36 trainee in a manner prescribed by the board. If the supervising
37licensed psychologist fails to provide verification to the trainee in
38a timely manner, the board may establish alternative procedures
39for obtaining the necessary documentation. Absent good cause,
40the failure of a supervising licensed psychologist to provide the
P8 1verification to the board upon request shall constitute
3 Theend delete
board shall establish qualifications by regulation for
6(d) Take and pass the examination required by Section 2941
7unless otherwise exempted by the board under this chapter.
8(e) Show by evidence satisfactory to the board that he or she
9has completed training in the detection and treatment of alcohol
10and other chemical substance dependency. This requirement applies
11only to applicants who matriculate on or after September 1, 1985.
12(f) (1) Show by evidence satisfactory to the board that he or
13she has completed coursework in spousal or partner abuse
14assessment, detection, and intervention. This requirement applies
15to applicants who began graduate training during the period
16commencing on January 1, 1995, and ending on December 31,
18(2) An applicant who began graduate training on or after January
191, 2004, shall show by evidence satisfactory to the board that he
20or she has completed a minimum of 15 contact hours of coursework
21in spousal or partner abuse assessment, detection, and intervention
22strategies, including knowledge of community resources, cultural
23factors, and same gender abuse dynamics. An applicant may request
24an exemption from this requirement if he or she intends to practice
25in an area that does not include the direct provision of mental health
27(3) Coursework required under this subdivision may be
28satisfactory if taken either in fulfillment of other educational
29requirements for licensure or in a separate course. This requirement
30for coursework shall be satisfied by, and the board shall accept in
31satisfaction of the requirement, a certification from the chief
32academic officer of the educational institution from which the
33applicant graduated that the required coursework is included within
34the institution’s required curriculum for graduation.
35(g) An applicant holding a doctoral degree in psychology from
36an approved institution is deemed to meet the requirements of this
begin delete allend delete of the following are true:
38(1) The approved institution offered a doctoral degree in
39psychology designed to prepare students for a license to practice
P9 1psychology and was approved by the Bureau for Private
2Postsecondary and Vocational Education on or before July 1, 1999.
3(2) The approved institution has not, since July 1, 1999, had a
4new location, as described in Section
begin delete 94721end delete of the
6(3) The approved institution is not a franchise institution, as
7defined in Section 94729.3 of the Education Code.
Section 1010 of the Evidence Code is amended to read:
As used in this article, “psychotherapist” means a person
11who is, or is reasonably believed by the patient to be:
12(a) A person authorized to practice medicine in any state or
13nation who devotes, or is reasonably believed by the patient to
14devote, a substantial portion of his or her time to the practice of
16(b) A person licensed as a psychologist under Chapter 6.6
17(commencing with Section 2900) of Division 2 of the Business
18and Professions Code.
19(c) A person licensed as a clinical social worker under Article
204 (commencing with Section 4996) of Chapter 14 of Division 2
21of the Business and Professions Code, when he or she is engaged
22in applied psychotherapy of a nonmedical nature.
23(d) A person who is serving as a school psychologist and holds
24a credential authorizing that service issued by the state.
25(e) A person licensed as a marriage and family therapist under
26Chapter 13 (commencing with Section 4980) of Division 2 of the
27Business and Professions Code.
28(f) A person registered as a psychological assistant who is under
29the supervision of a licensed psychologist or board certified
30psychiatrist as required by Section 2913 of the Business and
31Professions Code, or a person registered as a marriage and family
32therapist intern who is under the supervision of a licensed marriage
33and family therapist, a licensed clinical social worker, a licensed
34psychologist, or a licensed physician and surgeon certified in
35psychiatry, as specified in Section 4980.44 of the Business and
37(g) A person registered as an associate clinical social worker
38who is under supervision as specified in Section 4996.23 of the
39Business and Professions Code.
P10 1(h) A person
begin delete exempt from the Psychology Licensing Law who is under the supervision of a
2pursuant to subdivision (c) of Section 2909 of the Business and
3Professions Codeend delete
5licensed psychologist or board certified psychiatrist.
6(i) A psychological intern as defined in Section 2911 of the
7Business and Professions Code who is under the supervision of a
8licensed psychologist or board certified psychiatrist.
9(j) A trainee, as defined in subdivision (c) of Section 4980.03
10of the Business and Professions Code, who is fulfilling his or her
11supervised practicum required by subparagraph (B) of paragraph
12(1) of subdivision (d) of Section 4980.36 of, or subdivision (c) of
13Section 4980.37 of, the Business and Professions Code and is
14supervised by a licensed psychologist, a board certified psychiatrist,
15a licensed clinical social worker, a licensed marriage and family
16therapist, or a licensed professional clinical counselor.
17(k) A person licensed as a registered nurse pursuant to Chapter
186 (commencing with Section 2700) of Division 2 of the Business
19and Professions Code, who possesses a master’s degree in
20psychiatric-mental health nursing and is listed as a
21psychiatric-mental health nurse by the Board of Registered
23(l) An advanced practice registered nurse who is certified as a
24clinical nurse specialist pursuant to Article 9 (commencing with
25Section 2838) of Chapter 6 of Division 2 of the Business and
26Professions Code and who participates in expert clinical practice
27in the specialty of psychiatric-mental health nursing.
28(m) A person rendering mental health treatment or counseling
29services as authorized pursuant to Section 6924 of the Family
31(n) A person licensed as a professional clinical counselor under
32Chapter 16 (commencing with Section 4999.10) of Division 2 of
33the Business and Professions Code.
34(o) A person registered as a clinical counselor intern who is
35under the supervision of a licensed professional clinical counselor,
36a licensed marriage and family therapist, a licensed clinical social
37worker, a licensed psychologist, or a licensed physician and
38surgeon certified in psychiatry, as specified in Sections 4999.42
39to 4999.46, inclusive, of the Business and Professions Code.
P11 1(p) A clinical counselor trainee, as defined in subdivision (g)
2of Section 4999.12 of the Business and Professions Code, who is
3fulfilling his or her supervised practicum required by paragraph
4(3) of subdivision (c) of Section 4999.32 of, or paragraph (3) of
5subdivision (c) of Section 4999.33 of, the Business and Professions
6Code, and is supervised by a licensed psychologist, a
7board-certified psychiatrist, a licensed clinical social worker, a
8licensed marriage and family therapist, or a licensed professional
No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district will be incurred because this act creates a new crime or
15infraction, eliminates a crime or infraction, or changes the penalty
16for a crime or infraction, within the meaning of Section 17556 of
17the Government Code, or changes the definition of a crime within
18the meaning of Section 6 of Article XIII B of the California