Amended in Senate April 11, 2016

Senate Bill No. 1194

Introduced by Senator Hill

February 18, 2016

An act to amend Sections begin delete 2920 end delete begin insert 2913, 2914, 2914.1,2914.2, 2915, 2920, end insert and 2933 begin delete of end delete begin insert of, to add Sections 2934.1 and 2988.5 to, and to repeal Section 2947 of, end insert the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

SB 1194, as amended, Hill. Psychology: Board of Psychology: personnel.

begin delete

Existing

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begin insert (1) end insert begin insert   end insert begin insert Existing end insert law, the Psychology Licensing begin delete Law, end delete begin insert Law (hereafter law), end insert establishes the Board of Psychology to license and regulate the practice of psychology, and authorizes the board to employ all personnel necessary to carry out that law and to employ an executive officer, as specified. These provisions are in effect only until January 1, 2017.

This bill would extend those provisions to January 1, 2021.

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(2) The law defines the practice of psychology as rendering or offering to render, for a fee, psychological services involving the application of psychological principles and methods, including the diagnosis, prevention, and treatment of psychological problems and emotional and mental disorders. The law prohibits unlicensed persons from practicing psychology, but authorizes unlicensed persons, including psychological assistants who meet certain requirements and do not provide psychological services to the public, except as an employee of a licensed psychologist, licensed physician, contract clinic, psychological corporation, or medical corporation, to perform limited psychological functions. The law provides that a violation of any of its provisions is a misdemeanor.

end insert begin insert

This bill would recast these provisions to authorize an unlicensed person preparing for licensure as a psychologist to perform psychological functions under certain conditions, including registration with the board as a psychological assistant and immediate supervision by a licensed psychologist or physician and surgeon who is board certified in psychiatry, as specified. This bill would prohibit a psychological assistant from providing psychological services to the public except as a supervisee. By changing the definition of a crime, this bill would create a state-mandated local program.

end insert begin insert

(3) The law conditions the issuance of a psychology license upon an applicant having received any of certain kinds of doctorate degrees, from an accredited educational institution. The law requires, with certain exceptions, the board to issue renewal licenses for psychology only to those applicants who have completed 36 hours of approved continuing education in the preceding two years. Existing law prescribes a biennial license renewal fee of not more than $500. Existing law also requires a person applying for relicensure or for reinstatement to an active license to certify under penalty of perjury that he or she is in compliance with the continuing education requirements. Existing law requires continuing education instruction to be completed within the state or be approved for credit by the American Psychological Association or its equivalent.

end insert begin insert

This bill would revise and recast the doctorate degree requirements for licensure to include, until January 1, 2020, a doctorate degree from an unaccredited institution that is approved for operation by specified entity. The law would replace the term “continuing education” with “continuing professional development,” require a person applying for renewal or reinstatement to certify compliance with these requirements under penalty of perjury, require continuing professional courses to be approved for credit by organizations approved by the board, and authorize the board to grant exemptions from, or extensions for compliance with, these requirements. This bill would also authorize professional development credit to be approved for selected participants in any examination development or enforcement related function for the board.

end insert begin insert

This bill would authorize the board to issue a retired license to a licensed psychologist if the psychologist has applied to the board for a retired license and pays a fee of not more than $75. The bill would also prohibit the holder of a retired license from engaging in the practice of psychology in the same manner as an active licensee. Because a violation of this prohibition would be a crime, the bill would impose a state-mandated local program.

end insert begin insert

(4) The law authorizes the board to appoint qualified persons to give the whole or any portion of any examination provided for in the law, to be designated as commissioners on examination.

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This bill would repeal this authorization.

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This bill would authorize the board to post on its Internet Web site the prescribed information regarding all current and former licensees.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 2913 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

2913.  

A person other than a licensed psychologist may begin delete be
employed by a licensed psychologist, by a licensed physician and
surgeon who is board certified in psychiatry by the American Board
of Psychiatry and Neurology, by a clinic that provides mental
health services under contract pursuant to Section 5614 of the
Welfare and Institutions Code, by a psychological corporation, by
a licensed psychology clinic as defined in Section 1204.1 of the
Health and Safety Code, or by a medical corporation to perform
limited psychological functions if all of the following apply: end delete

begin insert perform psychological functions in preparation for licensure as a
psychologist only if all of the following conditions are met: end insert

(a) The person begin delete is termed end delete begin insert is registered with the board as end insert a
“psychological assistant.” begin insert This registration shall be renewed
annually in accordance with regulations adopted by the board. end insert

(b) The person (1) has completed a master’s degree in
psychology or education with the field of specialization in
psychology or counseling psychology, or (2) has been admitted to
candidacy for a doctoral degree in psychology or education with
the field of specialization in psychology or counseling psychology,
after having satisfactorily completed three or more years of
postgraduate education in psychology and having passed
preliminary doctoral examinations, or (3) has completed a doctoral
degree that qualifies for licensure under Section begin delete 2914, in an
accredited or approved university, college, or professional school
located in the United States or Canada. end delete begin insert 2914. end insert

(c)  begin insert (1) end insert begin insert   end insert The begin delete person end delete begin insert psychological assistant end insert is at all times under
the immediate supervision, as defined in regulations adopted by
the board, of a licensed psychologist, or begin delete board certified psychiatrist, end delete
begin insert a licensed physician and surgeon who is certified in psychiatry by
the American Board of Psychiatry and Neurology, end insert who shall be
responsible for insuring that the extent, kind, and quality of the
psychological services begin delete he or she end delete begin insert that the psychological assistant end insert
performs are consistent with his or her training and experience and
be responsible for begin delete his or her end delete begin insert the psychological assistant’s end insert
compliance with this chapter and begin delete regulations duly adopted
hereunder, including those provisions set forth in Section 2960. end delete

begin insert regulations. end insert

begin delete

(d) (1) The licensed psychologist, board certified psychiatrist,
contract clinic, psychological corporation, or medical corporation,
has registered the psychological assistant with the board. The
registration shall be renewed annually in accordance with
regulations adopted by the board.

end delete

(2)  begin delete No end delete begin insert A end insert licensed psychologist begin delete may register, employ, or end delete begin insert shall
not end insert supervise more than three psychological assistants at any given begin delete time unless specifically authorized to do so by the board. No board
certified psychiatrist may register, employ, or supervise more than
one psychological assistant at any given time. No contract clinic,
psychological corporation, or medical corporation may employ
more than 10 assistants at any one time. No contract clinic may
register, employ, or provide supervision for more than one
psychological assistant for each designated full-time staff
psychiatrist who is qualified and supervises the psychological
assistants. end delete begin insert time. end insert No psychological assistant may provide
psychological services to the public except as begin delete an employee of a
licensed psychologist, licensed physician, contract clinic,
psychological corporation, or medical corporation. end delete begin insert a supervisee
pursuant to this section. end insert

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(e)

end delete

begin insert (d) end insert  The psychological assistant shall comply with regulations
that the board may, from time to time, duly adopt relating to the
fulfillment of requirements in continuing education.

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(f) No person shall practice as a psychological assistant who is
found by the board to be in violation of Section 2960 and the rules
and regulations duly adopted pursuant to that section.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 2914 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

2914.  

Each applicant for licensure shall comply with all of the
following requirements:

(a) Is not subject to denial of licensure under Division 1.5
(commencing with Section 475).

(b) (1)  begin delete Possess end delete begin insert On or after January 1, 2020, possess end insert an earned
doctorate degree begin delete (A) end delete in psychology, begin delete (B) end delete in educational psychology,
or begin delete (C) end delete in education with the field of specialization in counseling
psychology or educational begin delete psychology. Except as provided in
subdivision (g), this degree or training shall be obtained from an
accredited university, college, or professional school. The board
shall make the final determination as to whether a degree meets
the requirements of this section. end delete begin insert psychology from a college or
institution of higher education that is accredited by a regional
accrediting agency recognized by the United States Department
of Education. Until January 1, 2020, the board may accept an
applicant who possesses a doctorate degree in psychology,
educational psychology, or in education with the field of
specialization in counseling psychology or educational psychology
from an institution that is not accredited by an accrediting agency
recognized by the United States Department of Education, but is
approved to operate in this state by the Bureau for Private
Postsecondary Education. end insert

(2) No educational institution shall be denied recognition as an
accredited academic institution solely because its program is not
accredited by any professional organization of psychologists, and
nothing in this chapter or in the administration of this chapter shall
require the registration with the board by educational institutions
of their departments of psychology or their doctoral programs in
psychology.

(3) An applicant for licensure trained in an educational
institution outside the United States or Canada shall demonstrate
to the satisfaction of the board that he or she possesses a doctorate
degree in psychology that is equivalent to a degree earned from a
regionally accredited university in the United States or Canada.
These applicants shall provide the board with a comprehensive
evaluation of the degree performed by a foreign credential
evaluation service that is a member of the National Association
of Credential Evaluation Services (NACES), and any other
documentation the board deems necessary.

(c) (1) Have engaged for at least two years in supervised
professional experience under the direction of a licensed
psychologist, the specific requirements of which shall be defined
by the board in its regulations, or under suitable alternative
supervision as determined by the board in regulations duly adopted
under this chapter, at least one year of which shall be after being
awarded the doctorate in psychology. The supervisor shall submit
verification of the experience required by this subdivision to the
trainee in a manner prescribed by the board. If the supervising
licensed psychologist fails to provide verification to the trainee in
a timely manner, the board may establish alternative procedures
for obtaining the necessary documentation. Absent good cause,
the failure of a supervising licensed psychologist to provide the
verification to the board upon request shall constitute
unprofessional conduct.

(2) The board shall establish qualifications by regulation for
supervising psychologists.

(d) Take and pass the examination required by Section 2941
unless otherwise exempted by the board under this chapter.

(e) Show by evidence satisfactory to the board that he or she
has completed training in the detection and treatment of alcohol
and other chemical substance dependency. This requirement applies
only to applicants who matriculate on or after September 1, 1985.

(f) (1) Show by evidence satisfactory to the board that he or
she has completed coursework in spousal or partner abuse
assessment, detection, and intervention. This requirement applies
to applicants who began graduate training during the period
commencing on January 1, 1995, and ending on December 31,
2003.

(2) An applicant who began graduate training on or after January
1, 2004, shall show by evidence satisfactory to the board that he
or she has completed a minimum of 15 contact hours of coursework
in spousal or partner abuse assessment, detection, and intervention
strategies, including knowledge of community resources, cultural
factors, and same gender abuse dynamics. An applicant may request
an exemption from this requirement if he or she intends to practice
in an area that does not include the direct provision of mental health
services.

(3) Coursework required under this subdivision may be
satisfactory if taken either in fulfillment of other educational
requirements for licensure or in a separate course. This requirement
for coursework shall be satisfied by, and the board shall accept in
satisfaction of the requirement, a certification from the chief
academic officer of the educational institution from which the
applicant graduated that the required coursework is included within
the institution’s required curriculum for graduation.

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(g) An applicant holding a doctoral degree in psychology from
an approved institution is deemed to meet the requirements of this
section if both of the following are true:

(1) The approved institution offered a doctoral degree in
psychology designed to prepare students for a license to practice
psychology and was approved by the former Bureau for Private
Postsecondary and Vocational Education on or before July 1, 1999.

(2) The approved institution has not, since July 1, 1999, had a
new location, as described in Section 94823.5 of the Education
Code.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 2914.1 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

2914.1.  

The board shall encourage every licensed psychologist
to take a continuing begin delete education end delete begin insert professional development end insert course
in geriatric pharmacology as a part of his or her continuing

begin delete education. end delete begin insert professional development. end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 2914.2 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

2914.2.  

The board shall encourage licensed psychologists to
take continuing begin delete education end delete begin insert professional development end insert courses in
psychopharmacology and biological basis of behavior as part of
their continuing begin delete education. end delete begin insert professional development. end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 2915 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

2915.  

(a) Except as provided in this section, begin delete on or after January
1, 1996, end delete the board shall begin delete not issue any renewal license unless the
applicant submits proof that he or she has completed no less than
18 hours of approved continuing education in the preceding year.
On or after January 1, 1997, except as provided in this section, the
board shall end delete issue begin insert a end insert renewal begin delete licenses end delete begin insert license end insert only to begin delete those applicants
who have end delete begin insert an applicant who has end insert completed 36 hours of approved
continuing begin delete education end delete begin insert professional development end insert in the preceding
two years.

(b) Each person begin delete renewing end delete begin insert who applies to renew or reinstate end insert his
or her license issued pursuant to this chapter shall begin delete submit proof of
compliance with this section to the board. end delete begin insert certify under penalty of
perjury that he or she is in compliance with this section and shall
retain proof of this compliance for submission to the board upon
request. end insert False statements submitted pursuant to this section shall
be a violation of Section 2970.

begin delete

(c) A person applying for relicensure or for reinstatement to an
active license status shall certify under penalty of perjury that he
or she is in compliance with this section.

end delete begin delete

(d) (1) The continuing education requirement shall include, but
shall not be limited to, courses required pursuant to Sections 25
and 28. The requirement may include courses pursuant to Sections
32 and 2914.1.

end delete begin delete

(2) (A)

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begin insert (c) end insert begin insert   end insert begin insert (1) end insert  The board shall require a licensed psychologist who
began graduate study prior to January 1, 2004, to take a continuing
education course during his or her first renewal period after the
operative date of this section in spousal or partner abuse
assessment, detection, and intervention strategies, including
community resources, cultural factors, and same gender abuse
dynamics. Equivalent courses in spousal or partner abuse
assessment, detection, and intervention strategies taken prior to
the operative date of this section or proof of equivalent teaching
or practice experience may be submitted to the board and at its
discretion, may be accepted in satisfaction of this requirement.

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(B)

end delete

begin insert (2) end insert  Continuing education courses taken pursuant to this
begin delete paragraph end delete begin insert subdivision end insert shall be applied to the 36 hours of approved
continuing begin delete education end delete begin insert professional development end insert required under
subdivision (a).

begin delete

(C) A licensed psychologist whose practice does not include
the direct provision of mental health services may apply to the
board for an exemption from the requirements of this paragraph.

(3)

end delete

begin insert (d) end insert  Continuing education begin delete instruction end delete begin insert courses end insert approved to meet
the requirements of this section shall be begin delete completed within the State
of California, or shall be end delete approved begin delete for continuing education end delete credit
by begin delete the American Psychological Association or its equivalent as end delete
begin insert organizations end insert approved by the board.

(e) The board may begin delete establish a policy for exceptions from the
continuing education end delete begin insert grant an exemption, or an extension of the
time for compliance with, from the continuing professional
development end insert requirement of this section.

begin delete

(f) The board may recognize continuing education courses that
have been approved by one or more private nonprofit organizations
that have at least 10 years’ experience managing continuing
education programs for psychologists on a statewide basis,
including, but not limited to:

(1) Maintaining and managing related records and data.

(2) Monitoring and approving courses.

(g) The board shall adopt regulations as necessary for
implementation of this section.

(h) A licensed psychologist shall choose continuing education
instruction that is related to the assessment, diagnosis, and
intervention for the client population being served or to the fields
of psychology in which the psychologist intends to provide
services, that may include new theoretical approaches, research,
and applied techniques. Continuing education instruction shall
include required courses specified in subdivision (d).

(i) A psychologist shall not practice outside his or her particular
field or fields of competence as established by his or her education,
training, continuing education, and experience.

(j)

end delete

begin insert (f) end insert  The administration of this section may be funded through
professional license fees and continuing education provider and
course approval fees, or both. The fees related to the administration
of this section shall not exceed the costs of administering the
corresponding provisions of this section.

begin delete

(k)

end delete

begin insert (g) end insert  Continuing begin delete education end delete begin insert professional development end insert credit may
be approved for those licensees who serve as begin delete commissioners on
any examination pursuant to Section 2947, subject to limitations
established by the board. end delete begin insert selected participants in an exam
development or enforcement related function for the board. end insert

begin delete

(l) This section shall become operative on January 1, 2004.

end delete

begin delete SECTION 1. end delete

begin insert SEC. 6. end insert   

Section 2920 of the Business and Professions Code is
amended to read:

2920.  

(a) The Board of Psychology shall enforce and
administer this chapter. The board shall consist of nine members,
four of whom shall be public members.

(b) This section shall remain in effect only until January 1, 2021,
and as of that date is repealed.

(c) Notwithstanding any other law, the repeal of this section
renders the board subject to review by the appropriate policy
committees of the Legislature.

begin delete SEC. 2. end delete

begin insert SEC. 7. end insert   

Section 2933 of the Business and Professions Code is
amended to read:

2933.  

(a) Except as provided by Section 159.5, the board shall
employ and shall make available to the board within the limits of
the funds received by the board all personnel necessary to carry
out this chapter. The board may employ, exempt from the State
Civil Service Act, an executive officer to the Board of Psychology.
The board shall make all expenditures to carry out this chapter.
The board may accept contributions to effectuate the purposes of
this chapter.

(b) This section shall remain in effect only until January 1, 2021,
and as of that date is repealed.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 2934.1 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 2934.1. end insert   

(a) The board may post on its Internet Web site the
following information on the current status of the license for all
current and former licensees:

(1) Whether or not the licensee has a record of a disciplinary
action.

(2) Any of the following enforcement actions or proceedings
against the licensee:

(A) Temporary restraining orders.

(B) Interim suspension orders.

(C) Revocations, suspensions, probations, or limitations on
practice ordered by the board or by a court with jurisdiction in
the state, including those made part of a probationary order, cease
practice order, or stipulated agreement.

(D) Accusations filed by the board, including those accusations
that are on appeal, excluding ones that have been dismissed or
withdrawn where the action is no longer pending.

(E) Citations issued by the board. Unless withdrawn, citations
shall be posted for five years from the date of issuance.

(b) The board may also post on its Internet Web site all of the
following historical information in its possession, custody, or
control regarding all current and former licensees:

(1) Institutions that awarded the qualifying educational degree
and type of degree awarded.

(2) A link to the licensee’s professional Internet Web site.

(c) The board may also post other information designated by
the board in regulation.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 2947 of the end insert begin insert Business and Professions Code end insert begin insert is
repealed. end insert

begin delete

2947.  

The board may appoint qualified persons to give the
whole or any portion of any examination provided for in this
chapter, who shall be designated as commissioners on examination.
A commissioner on examination need not be a member of the
board but he or she shall have the same qualifications as a member
of the board, including those set forth in Chapter 6 (commencing
with Section 450) of Division 1. The board may also appoint
occasional professional commissioners for short-term specified
periods to assist in its nonpolicy workload.

Public commissioners may examine and evaluate candidates in
areas of knowledge such as the law, ethics, and awareness of
community resources.

end delete

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 2988.5 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 2988.5. end insert   

(a) The board may issue, upon an application
prescribed by the board and payment of a fee not to exceed
seventy-five dollars ($75), a retired license to a psychologist who
holds a current license issued by the board, or one capable of
being renewed, and whose license is not suspended, revoked, or
otherwise restricted by the board or subject to discipline under
this chapter.

(b) The holder of a retired license issued pursuant to this section
shall not engage in any activity for which an active license is
required. A psychologist holding a retired license shall be
permitted to use the title “psychologist, retired” or “retired
psychologist.” The designation of retired shall not be abbreviated
in any way.

(c) A retired license shall not be subject to renewal.

(d) The holder of a retired license may apply to obtain an active
status license as follows:

(1) If that retired license was issued less than three years prior
to the application date, the applicant shall meet all of the following
requirements:

(A) Has not committed an act or crime constituting grounds for
denial or discipline of a license.

(B) Pays the renewal fee required by this chapter.

(C) Completes the continuing professional development required
for the renewal of a license within two years of the date of
application for restoration.

(D) Complies with the fingerprint submission requirements
established by the board.

(2) Where the applicant has held a retired license for three or
more years, the applicant shall do all of the following:

(A) Submit a complete application for a new license.

(B) Take and pass the California Psychology Law and Ethics
Examination.

(C) Pay all fees required to obtain a new license.

(D) Comply with the fingerprint submission requirements
established by the board.

(E) Be deemed to have met the educational and experience
requirements of subdivisions (b) and (c) of Section 2914.

(F) Establish that he or she has not been subject to denial or
discipline of a license.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert begin insert

No reimbursement is required by this act pursuant
to Section 6 of Article XIII B 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, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert