Amended in Senate May 31, 2016

Amended in Senate April 21, 2016

Amended in Senate April 11, 2016

Senate Bill No. 1194

Introduced by Senator Hill

February 18, 2016

An act to amend Sections begin insert 2909.5, end insert 2913, 2914, 2914.1, begin delete 2914.2 end delete begin insert 2914.2, end insert 2915, 2920, and 2933 of, to add Sections 2934.1 and 2988.5 to, and to repeal Section 2947 of, the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

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

(1) Existing law, the Psychology Licensing Law (hereafter law), 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.

(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. begin insert The law also prohibits its provisions from being construed as restricting or preventing specified nonprofit community agency employees from carrying out activities of a psychological nature or using their official employment title, as specified, provided the employees do not render or offer to render psychological services. end insert The law provides that a violation of any of its provisions is a misdemeanor.

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. The bill would prohibit a psychological assistant from providing psychological services to the public except as a supervisee. begin insert The bill would expand the prohibition on construing the law’s provisions as restricting or preventing specified activities of nonprofit community agency employees by making this prohibition contingent on the employees end insert begin insert ’ not rendering or offering to render psychological services to the public. end insert By changing the definition of a crime, this bill would create a state-mandated local program.

(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.

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 a specified entity. The bill would replace the term “continuing education” with “continuing professional development,” define “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 by organizations approved by the board, as specified, and authorize the board to grant exemptions from, or extensions for compliance with, these requirements.

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.

(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.

This bill would repeal this authorization.

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

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.

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

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 2909.5 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

2909.5.  

This chapter shall not be construed as restricting or
preventing activities of a psychological nature or the use of the
official title of the position for which persons were employed on
the part of persons who meet the educational requirements of
subdivision (b) of Section 2914 and who have one year or more
of the supervised professional experience referenced in subdivision
(c) of Section 2914, if they are employed by nonprofit community
agencies that receive a minimum of 25 percent of their financial
support from any federal, state, county, or municipal governmental
organizations for the purpose of training and providing services,
provided those persons are performing those activities as part of
the duties for which they were employed, are performing those
activities solely within the confines of or under the jurisdiction of
the organization in which they are employed and do not render or
offer to render psychological begin delete services, end delete begin insert services to the public, end insert as
defined in Section 2903. Those persons shall be registered by the
agency with the board at the time of employment and shall be
identified in the setting as a “registered psychologist.” Those
persons shall be exempt from this chapter for a maximum period
of 30 months from the date of registration.

begin delete SECTION 1. end delete

begin insert SEC. 2. end insert   

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

2913.  

A person other than a licensed psychologist may perform
psychological functions in preparation for licensure as a
psychologist only if all of the following conditions are met:

(a) The person shall register himself or herself with the board
as a “psychological assistant.” This registration shall be renewed
annually in accordance with regulations adopted by the board.

(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 2914.

(c) (1) The psychological assistant is at all times under the
immediate supervision, as defined in regulations adopted by the
board, of a licensed psychologist, or a licensed physician and
surgeon who is certified in psychiatry by the American Board of
Psychiatry and Neurology, who shall be responsible for insuring
that the extent, kind, and quality of the psychological services that
the psychological assistant performs are consistent with his or her
training and experience and be responsible for the psychological
assistant’s compliance with this chapter and regulations.

(2) A licensed psychologist or board certified psychiatrist shall
not supervise more than three psychological assistants at any given
time. No psychological assistant may provide psychological
services to the public except as a supervisee pursuant to this
section.

(d) 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.

begin delete SEC. 2. end delete

begin insert SEC. 3. end insert   

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

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) Possess an earned doctorate degree (1) in psychology, (2)
in educational psychology, or (3) in education with the field of
specialization in counseling psychology or educational psychology.
Except as provided in subdivision (h), 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.

(c) (1) On or after January 1, 2020, possess an earned doctorate
degree in psychology, in educational psychology, or in education
with the field of specialization in counseling psychology or
educational 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.

(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.

(d) (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.

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

(f) 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.

(g) (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.

(h) Until January 1, 2020, 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.

begin delete SEC. 3. end delete

begin insert SEC. 4. end insert   

Section 2914.1 of the Business and Professions Code
is amended to read:

2914.1.  

The board shall encourage every licensed psychologist
to take begin delete a end delete continuing professional development begin delete course end delete in geriatric

begin delete pharmacology as a part of his or her continuing professional
development. end delete begin insert pharmacology. end insert

begin delete SEC. 4. end delete

begin insert SEC. 5. end insert   

Section 2914.2 of the Business and Professions Code
is amended to read:

2914.2.  

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

begin delete SEC. 5. end delete

begin insert SEC. 6. end insert   

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

2915.  

(a) Except as provided in this section, the board shall
issue a renewal license only to an applicant who has completed
36 hours of approved continuing professional development in the
preceding two years.

(b) Each person who applies to renew or reinstate his or her
license issued pursuant to this chapter shall 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. False statements submitted pursuant to this section
shall be a violation of Section 2970.

(c) Continuing professional development means certain
continuing education learning activities approved in four different
categories:

(1) Professional.

(2) Academic.

(3) Sponsored continuing education coursework.

(4) Board certification from the American Board of Professional

begin delete Psychology according to the standards the American Board of
Professional Psychology used for certification as of January 1,
2016. end delete begin insert Psychology. end insert

The board may develop regulations further defining acceptable
continuing professional development activities.

(d) (1) 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.

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

(e) Continuing education courses approved to meet the
requirements of this section shall be approved by organizations
approved by the board. An organization begin insert previously end insert approved by
the board to provide or approve continuing education begin delete on March
1, 2016, end delete is deemed approved under this section.

(f) The board may accept sponsored continuing education
courses that have been approved by a private, nonprofit
organization that has demonstrated to the board in writing that it
has, at a minimum, a 10-year history of providing educational
programming for psychologists and has documented procedures
for maintaining a continuing education approval program. The
board shall adopt regulations as necessary for implementing this
section.

(g) The board may grant an exemption, or an extension of the
time for compliance with, from the continuing professional
development requirement of this section.

(h) 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 SEC. 6. end delete

begin insert SEC. 7. 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. 7. end delete

begin insert SEC. 8. 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 delete SEC. 8. end delete

begin insert SEC. 9. end insert   

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

2934.1.  

(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.

begin delete SEC. 9. end delete

begin insert SEC. 10. end insert   

Section 2947 of the Business and Professions Code
is repealed.

begin delete SEC. 10. end delete

begin insert SEC. 11. end insert   

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

2988.5.  

(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.

begin delete SEC. 11. end delete

begin insert SEC. 12. end 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.