BILL ANALYSIS Ó
AB 1374
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Date of Hearing: April 14, 2015
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Susan Bonilla, Chair
AB 1374
Levine - As Amended April 6, 2015
SUBJECT: Psychologists: licensure.
SUMMARY: Revises the submission requirements for Verification
of Experience (VOE) Forms and permits applicants for a
psychology license to submit a (VOE) directly to the Board of
Psychology (BOP); deletes the requirement that a licensed
psychologist or an individual in an exempt setting may only
practice psychology for a fee; and, clarifies that an applicant
who has acquired supervised experience in Canada can submit a
VOE directly to the BOP. This bill makes other technical and
clarifying amendments.
EXISTING LAW
1)Prohibits a person from engaging in the practice of
psychology, or representing himself or herself to be a
psychologist, without a license unless specifically exempt.
(Business and Professions Code (BPC) Section 2903)
2)Defines "the practice of psychology" to mean "rendering or
offering to render for a fee to individuals, groups,
organizations or the public any psychological service
involving the application of psychological principles,
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methods, and procedures of understanding, predicting, and
influencing behavior, such as the principles pertaining to
learning, perception, motivation, emotions, and interpersonal
relationships as specified." (BPC Section 2903)
3)Requires an applicant for licensure to comply with all of the
following requirements: (Business and Professions Code (BPC)
Section 2914(a-g))
a) Is not subject to denial of licensure;
b) Possesses an earned doctorate degree in a specified
field from an accredited institution;
c) Has engaged for at least two years in supervised
professional experience under the direction of a licensed
psychologist, as specified in the BOP's regulations.
d) Takes and passes the required examination, unless
exempted;
e) Shows by satisfactory evidence that he or she has
completed training in the detection and treatment of
alcohol and other chemical substance dependency;
f) Shows by evidence that he or she has completed
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coursework in spousal or partner abuse assessment,
detection and intervention, as specified, and may request a
waiver if he or she intends to practice in an area that
does not include the direct provision of mental health
services; and,
g) Indicates that an applicant holding a doctoral degree in
psychology from an approved institution is deemed to meet
licensing requirements if specified conditions are met.
4)If a supervising licensed psychologist fails to provide the
VOE for an applicant to the BOP within 30 days after being
requested, the applicant may provide written verification
directly to the BOP. (BPC 2914(c))
5)Requires an applicant who sends a VOE directly to the BOP to
file a declaration of proof of service, under penalty of
perjury; as specified. (BPC 2914(c))
6)Specifies that, upon receipt of a VOE by the BOP, , the
supervising psychologist has 20 days from the day the BOP
receives the verification and declaration to file a rebuttal
with the board. (BPC 2914(c))
7)States that only an applicant who has acquired the required
experience in the United States can submit a VOE directly to
the BOP. (BPC 2914(c))
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THIS BILL
1) Deletes the requirement that psychological services be
provided for a fee.
2)Revises the application of psychological principals and
methods to instead include assessment and intervention in
order to increase effective functioning of individuals,
groups, and organizations.
3)Replaces the term "maladjustive" with "maladaptive."
4)Deletes the definition of "fee."
5)Deletes the monetary restriction for specified individuals
performing services of a psychological nature.
6)Revises the method by which VOEs are submitted to the BOP to
allow an applicant to submit the VOE to the BOP directly if
the supervisor fails to submit the form.
7)Deletes the requirement for an applicant to file a proof of
service under penalty of perjury, as specified, and the
supervisor rebuttal procedures.
8)Permits an applicant who acquired experience in Canada to file
a VOE directly with the BOP.
9)Provides that no reimbursement is required by this bill
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pursuant to Section 6 of Article XIIB 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.
10)Makes other technical and clarifying changes.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by the
Legislative Counsel.
COMMENTS
1)Purpose. This bill is sponsored by the BOP . According to the
author, "[This bill] saves [BOP] resources by allowing an
applicant to be [the] sole [provider] of a complete
application for licensure. [This] bill also seeks to remove
any apparent limitation on psychologists providing volunteer
service is contrary to the public good [which] could limit
qualified licensees providing such services."
2)Background. This bill attempts to address three separate
issues: 1) how VOE forms may be submitted to the BOP; 2)
allowing psychological services to be performed without
collecting a fee; and, 3) permitting VOE forms to be submitted
by an applicant who has acquired the supervised experience in
Canada as well as the United States.
Psychologists and Fees for Services. The practice of
psychology is defined as rendering or offering to render, for
a fee, any psychological services. Licensed psychologists may
practice independently in any private or public setting using
psychological methods to diagnose, treat, prevent, and
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ameliorate emotional and mental disorders of individuals and
groups. There are currently 20,000 licensed psychologists in
California.
According to the BOP, requiring that psychological services
can only be provided for a fee potentially limits a licensed
psychologist's ability to provide voluntary or pro bono
psychology services. By removing the reference to a fee in
the definition of the practice of psychology it will allow
individuals to provide free services of a psychological nature
while under the jurisdiction of the BOP. Settings where free
services may be provided could include non-profits, health
clinics or suicide prevention hotlines.
According to the sponsor, this bill also deletes any reference
to the prohibition on fees, monetary or otherwise, which
cannot be charged by those individuals working in exempt
settings, such as an educational institution (approved or
accredited), a school district, or a governmental entity.
This bill aims to make it clear that exempt setting employers
are able to determine the appropriate compensation level
without the involvement of the BOP.
Licensure Requirements and the Application Process. Licensed
psychologists are required to obtain a doctoral degree from an
accredited institution in psychology, educational psychology,
or in a field specializing in counseling psychology or
educational psychology. Psychologists are required to
complete 3000 hours (minimum two-years) of supervised
experience, of which 1500 must be completed after obtaining a
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doctoral degree. Many post-doctoral psychologists gain
supervision experience requirements while employed at schools,
colleges or universities and government entities, which
provide opportunities to gain the required supervisory hours
needed for licensure.
There are numerous steps in the application process for
licensure. Applicants are required to submit verification of
the completion of education, passage of required
examination(s), along with the proof of the required
supervised experience. While an applicant is generally
responsible for submitting the majority of the required
documentation, applicants typically do not submit the VOE form
themselves. Current law requires the licensed supervisor to
submit the documentation directly to the BOP within 30 days of
an applicant's request and provides a remedy for the applicant
if the supervisor does not follow through. If the VOE is not
submitted within the 30 days, an applicant, under penalty of
perjury, can submit the VOE directly to the BOP and the
supervisor will then have twenty days to submit a rebuttal.
According to the BOP, VOE forms are often sent to the BOP
separately from an individual's application by every primary
supervisor verifying a portion of the required hours of
experience meaning that multiple VOE forms could be submitted
at different times for each applicant separately from the rest
of the licensure application.
According to the BOP, in an effort to eliminate the lengthy
application process and to ensure that VOE forms are submitted
more consistently with applications for licensure, this bill
will revise the existing process and permit applicants to
submit VOE forms directly to the BOP and remove the
requirement that a supervisor must submit the form. This
potentially results in the BOP saving storage space and
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possibly reducing processing times for BOP staff to combine
the various components of an individual's application.
Current law specifies that only applicants who have acquired
supervised experience hours in the United States can submit
their VOE forms directly to the BOP. However, the BOP reports
that it accepts experience hours from both the United States
and Canada and this bill will clarify that the BOP may accept
a VOE from an applicant who has gained experience in Canada as
well as in the United States.
3)Current Related Legislation. AB 705 (Eggman) of the current
legislative session, Requires individuals performing
psychological activities, within specified exempt settings, to
work under the supervision of a licensed psychologist;
accumulate the supervised hours required for licensure; and,
become licensed within five years. This bill also makes other
technical and clarifying amendments. STATUS: This bill is
pending in the Assembly Appropriations Committee.
SB 800 (Committee on Business, Professions and Economic
Development) of the current legislative session, makes
numerous substantive and non-controversial changes to numerous
healing arts boards, including the BOP, under the DCA.
STATUS: This bill is pending in the Senate Business and
Professions Committee.
ARGUMENTS IN SUPPORT
The BOP writes in support, "The [BOP] supports [this bill] which
will make the [BOP's] receipt of application forms more
efficient."
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ARGUMENTS IN OPPOSITION
None on file.
REGISTERED SUPPORT / OPPOSITION:
Support
Board of Psychology (sponsor)
Opposition
None on file.
Analysis Prepared by:Elissa Silva / B. & P. / (916) 319-3301
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