BILL NUMBER: AB 1374 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 14, 2015
AMENDED IN SENATE JUNE 11, 2015
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, but authorizes unlicensed persons, including
credentialed psychometrists, psychological
assistants who meet certain requirements and do not provide
psychological services to the public for a fee, to perform limited
psychological functions or activities of a psychological
nature, as specified. functions. 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 for the position of supervising
psychologist 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
authorizations for specified unlicensed persons to perform limited
psychological functions or activities of a psychological nature
authorization for psychological assistants to
prohibit services to the public, except as specified, without
reference to a fee. The bill would eliminate that
authorization for credentialed psychometrists. The bill
would instead revise that experience
verification procedure to 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 verification. verification in a
timely manner. The bill would make that failure,
the failure to provide verification to the board upon
request, absent good cause, unprofessional conduct. The bill
would eliminate the requirement that the board review and approve
applicants for the position of supervising psychologist 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.
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.
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.
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. (a) 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
(b) The 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.
Psychotherapy
(c) 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, and behaviors which that 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, 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.
SEC. 4. SEC. 2. 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 if 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) (1) 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
(2) 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.
pursuant to that section.
SEC. 5. SEC. 3. 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) (1) Possess an earned doctorate degree
(1) (A) in psychology, (2)
(B) in educational psychology, or (3)
(C) 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
(2) 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
(3) 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) (1) 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.
The
(2) The 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 all both 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 former 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
94823.5 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. SEC. 4. 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 (c) of Section 2909 of the Business and
Professions Code who registered with the Board of
Psychology as a registered psychologist and 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. 7. SEC. 5. 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.