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 ----------------------------------------------------------------- |Author: |Levine | |----------+------------------------------------------------------| |Version: |June 1, 2015 | ----------------------------------------------------------------- ---------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Sarah Huchel | |: | | ----------------------------------------------------------------- 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. AB 1374 (Levine) Page 2 of ? 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 of ? 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 of ? 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. AB 1374 (Levine) Page 5 of ? 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 AB 1374 (Levine) Page 6 of ? 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. -- END --