BILL ANALYSIS Ó AB 1374 Page 1 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, AB 1374 Page 2 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 AB 1374 Page 3 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)) AB 1374 Page 4 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 AB 1374 Page 5 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 AB 1374 Page 6 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 AB 1374 Page 7 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 AB 1374 Page 8 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." AB 1374 Page 9 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 AB 1374 Page 10