BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1374|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: AB 1374
Author: Levine (D)
Amended: 7/14/15 in Senate
Vote: 21
SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 9-0, 6/8/15
AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez,
Jackson, Mendoza, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 4/30/15 (Consent) - See last page for
vote
SUBJECT: Psychologists: licensure
SOURCE: California Board of Psychology
DIGEST: This bill eliminates the requirement for a fee in the
practice of psychology so that psychological services may be
provided for free, revises terms related to the practice of
psychology, amends the process by which an applicant submits a
verification of experience (VOE) to the California Board of
Psychology (BOP), and makes technical and clarifying changes.
Senate Floor Amendments of 7/14/15 resolve chaptering issues
with SB 800 (Committee on Business, Professions and Economic
Development) and AB 705 (Eggman).
ANALYSIS:
Existing law:
AB 1374
Page 2
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.
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))
AB 1374
Page 3
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 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.
Background
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
Page 4
applicant may submit a complete application towards licensure.
This bill also removes fee language from the Business and
Professions 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.
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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified7/15/15)
AB 1374
Page 5
California Board of Psychology (source)
California Psychological Association
OPPOSITION: (Verified7/15/15)
None received
ARGUMENTS IN SUPPORT: The California Board of Psychology, the
sponsor of this bill, 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 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."
ASSEMBLY FLOOR: 77-0, 4/30/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,
Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,
Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,
AB 1374
Page 6
Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove,
Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Chávez, Gomez
Prepared by:Sarah Huchel / B., P. & E.D. / (916) 651-4104
7/15/15 15:38:50
**** END ****