BILL ANALYSIS Ó
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: AB 1374 Hearing Date: June 8,
2015
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|Author: |Levine |
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|Version: |June 1, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Sarah Huchel |
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Subject: Psychologists: licensure.
SUMMARY: Eliminates the requirement for a fee in the practice of
psychology, revises terms related to the practice of psychology,
amends the process by which an applicant submits a verification
of experience (VOE) to the Board of Psychology (BOP), and makes
technical and clarifying changes.
Existing law:
1)Establishes the BOP to administer and enforce the Psychology
Licensing Law. (Business and Professions Code (BPC) § 2920)
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,
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 § 2903)
3)Establishes licensure requirements, including that an
applicant:
a) Possesses an earned doctorate degree in a specified
field from an accredited institution.
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b) 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.
c) Takes and passes the required examination, unless
exempted. (BPC § 2914)
4)States that if a supervising licensed psychologist (SLP) 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 SLP 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))
This bill:
1) Strikes the requirement of a fee from the definition of the
practice of psychology and in allied sections of law.
2) Revises examples of the application of psychological
principles and methods to include "assessment" and
"intervention in order to increase effective functioning of
individuals, groups, and organizations," and strikes
"amelioration of psychological problems and emotional and
mental disorders of individuals and groups."
3) Replaces "maladjustive" with "maladaptive" in reference to
the use of psychotherapy to assist a person to modify
feelings, conditions, attitudes, and behaviors which are
AB 1374 (Levine) Page 3
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emotionally, intellectually, or socially ineffectual or
maladaptive.
4) Removes the ability for an applicant to submit the VOE to the
BOP directly if the SLP fails to provide verification to the
BOP.
5) Requires the SLP to submit VOE to the trainee in the manner
prescribed by the BOP.
6) States that if the SLP fails to provide VOE to the trainee in
a timely manner, the BOP may establish alternative procedures
for obtaining the necessary documentation.
7) States that, absent good cause, the failure of a SLP to
provide VOE to the BOP upon request shall constitute
unprofessional conduct.
8) Strikes reference to the BOP reviewing and approving
applicants as a SLP on a case-by-case basis.
9) Makes technical and clarifying changes.
FISCAL
EFFECT: This measure is keyed "fiscal" by Legislative Counsel.
According to the Assembly Appropriations analysis, dated April
22, 2015, negligible state fiscal effect. The streamlining of
verification of experience requirements may lead to minor
administrative efficiencies.
COMMENTS:
1.Purpose. This bill is sponsored by the California Board of
Psychology . According to the Author's office, this bill
simplifies the application process to become a licensed
psychologist by requiring the SLP to provide the VOE to the
applicant directly, rather than to the BOP, so that the
AB 1374 (Levine) Page 4
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applicant may submit a complete application towards licensure.
This bill also removes fee language from the code, clarifying
that a psychologist can provide psychological services for
free, and updates terms defining the practice of psychology to
make the definition more applicable to a general license
versus a focus on mental health.
2.Background. The BOP is one of 30 regulatory entities which
fall under the Department of Consumer Affairs. The BOP
protects consumers by regulating the practice of psychology
through the licensing and registration of psychological
assistants and psychologists.
This bill streamlines the psychology licensing process by
requiring SLPs to provide the VOE directly to the applicant
instead of sending it to the BOP. The BOP reports that they
frequently receive VOEs from individuals who never formally
apply, and keeping track of information from various sources
has become too complex.
Previously, SLPs provided the VOE to the BOP, and the BOP
paired this information with the rest of the application
submitted separately by the applicant. If an SLP failed to
provide the VOE, there was a mechanism for the applicant to
submit the VOE directly to the BOP. This bill instead will
require the SLP to provide the information to the applicant,
and then the applicant will submit the VOE to the BOP with
the rest of the application. If a SLP does not provide the
VOE to the applicant, this bill authorizes the BOP to
establish alternative procedures for obtaining the necessary
documentation, and states that failure of an SLP to provide
the VOE to the BOP upon request will be considered
unprofessional conduct.
This bill additionally removes references to fees in
psychology practice, clarifying that psychologists may
practice for free, and that practicing for free does not
relieve an individual from regulation. The author's office
indicates that this bill will clarify that insurers may cover
a psychologist who does not receive payment for his or her
services.
3.Technical Amendments. This bill contains outdated references
to psychometrics, which is no longer regulated in California.
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a) On page 4, line 35, delete "'psychologist,'
'psychometry,'" and insert "or 'psychologist.'"
b) On page 4, delete line 36.
4.Related legislation. AB 705 (Eggman) of 2015 amends the
Psychology Practice Act to require employees in exempt
settings to be supervised by a licensed psychologist and
become licensed within five years of being hired. ( Status :
This bill will be heard in the Senate Committee on Business,
Professions, and Economic Development Committee on June 8,
2015.)
AB 773 (Baker) of 2015 makes technical changes to the
expiration date of a psychologist license. ( Status : This
bill will be heard in the Senate Committee on Business,
Professions, and Economic Development Committee on June 8,
2015.)
SB 479 (Bates) of 2015 creates a Behavioral Analyst license
to be regulated by the BOP. ( Status : This bill will be heard
in the Senate Committee on Business, Professions, and
Economic Development Committee on June 8, 2015.)
5.Arguments in Support. The California Board of Psychology
writes, ["the requirement in current law that VOE forms be
submitted by the applicant's supervisor has resulted in] the
Board storing large quantities of VOEs that have not had the
remaining parts of the licensing application submitted by the
applicant. This creates a storage problem and generates extra
workload as it becomes necessary to combine applications for
licensure with the previously submitted VOE Forms. The result
of this legislative change will be VOE Forms arriving with the
rest of the licensing application. This will save storage
space at the Board and reduce the time staff takes to locate
and combine the various pieces of the application, thus
reducing licensing timeframes.
"[Current law also] defines the practice of psychology as
only occurring when a fee is charged for services. This means
that volunteer, pro-bono, or free services could fall outside
of a licensee's insurance, and as a result, disincentivize
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volunteer pro-bono work by licensed psychologists, making
payment rather than services provided central to what
constitutes the practice of psychology. The primary function
of the Board is consumer protection and a consumer should
have no doubt that the psychological services he or she is
receiving fall under the Board's jurisdiction. The Board's
mission is to advance quality psychological services for
Californians by ensuring ethical and legal practice and
supporting the evolution of the profession."
SUPPORT AND OPPOSITION:
Support:
California Board of Psychology (Sponsor)
California Psychological Association
Opposition:
None on file as of June 2, 2015.
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