Amended in Assembly August 19, 2016

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 delete 2909.5, 2913, 2914, 2914.1, 2914.2, 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. end delete begin insert 109, 116, 153, 307, 313.1 end insert begin insert of end insert begin insert the Business and Professions Code, and to amend Section end insert begin insert 825 of the Government Code, relating to professional end insert begin insert regulations. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1194, as amended, Hill. begin delete Psychology: Board of Psychology: personnel. end delete begin insert Professions and vocations: board actions and regulations. end insert

begin insert

(1) Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs and authorizes those boards to adopt regulations to enforce the laws pertaining to the profession and vocation for which they have jurisdiction. Existing law makes decisions of any board within the department pertaining to setting standards, conducting examinations, passing candidates, and revoking licenses final, except as specified, and provides that those decisions are not subject to review by the Director of Consumer Affairs. Existing law authorizes the director to audit and review certain inquiries and complaints regarding licensees, including the dismissal of a disciplinary case. Existing law requires the director to annually report to the chairpersons of certain committees of the Legislature information regarding findings from any audit, review, or monitoring and evaluation. Existing law authorizes the director to contract for services of experts and consultants where necessary. Existing law requires regulations, except those pertaining to examinations and qualifications for licensure and fee changes proposed or promulgated by a board within the department, to comply with certain requirements before the regulation or fee change can take effect, including that the director is required to be notified of the rule or regulation and given 30 days to disapprove the regulation. Existing law prohibits a rule or regulation that is disapproved by the director from having any force or effect unless the director’s disapproval is overridden by a unanimous vote of the members of the board, as specified.

end insert begin insert

This bill would instead authorize the director, upon his or her own initiative, and require the director upon the request of the board making the decision or the Legislature, to review any nonministerial market-sensitive action, except as specified, of a board within the department to determine whether it furthers a clearly articulated and affirmatively expressed state policy and to approve, disapprove, or recommend modifications of the board action, as specified. The bill would require the director to issue and post on the department’s Internet Web site his or her final written decision and the reasons for the decision. The bill would, commencing on March 1, 2017, require the director to annually report to the chairs of specified committees of the Legislature information regarding the director’s disapprovals and recommended modifications of board actions. The bill would require the director to review rules or regulations, as described above, within 60 days. The bill would require the director to disapprove a proposed rule or regulation that is a market-sensitive action that does not further clearly articulated and affirmatively expressed state policy and authorize him or her to recommend modifications.

end insert begin insert

(2) The Government Claims Act, except as provided, requires a public entity to pay any judgment or any compromise or settlement of a claim or action against an employee or former employee of the public entity if the employee or former employee requests the public entity to defend him or her against any claim or action against him or her for an injury arising out of an act or omission occurring within the scope of his or her employment as an employee of the public entity, the request is made in writing not less than 10 days before the day of trial, and the employee or former employee reasonably cooperates in good faith in the defense of the claim or action. That act prohibits the payment of punitive or exemplary damages by a public entity, except as specified.

end insert begin insert

This bill would require a public entity to pay a judgment or settlement for treble damage antitrust awards against a member of a regulatory board for an act or omission occurring within the scope of his or her employment as a member of a regulatory board. The bill would specify that treble damages awarded pursuant to a specified federal law for violation of another federal law are not punitive or exemplary damages within the Government Claims Act.

end insert begin delete

(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.

end delete begin delete

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

end delete begin delete

(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 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. The law provides that a violation of any of its provisions is a misdemeanor.

end delete begin delete

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. 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’ not rendering or offering to render psychological services to the public. By changing the definition of a crime, this bill would create a state-mandated local program.

end delete begin delete

(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 delete begin delete

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.

end delete begin delete

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 delete begin delete

(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.

end delete begin delete

This bill would repeal this authorization.

end delete begin delete

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

end delete begin delete

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.

end delete begin delete

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

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 109 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

begin delete

109.  

(a) The decisions of any of the boards comprising the
department with respect to setting standards, conducting
examinations, passing candidates, and revoking licenses, are not
subject to review by the director, but are final within the limits
provided by this code which are applicable to the particular board,
except as provided in this section.

(b)

end delete

begin insert

begin insert 109. end insert   

end insert

begin insert (a) end insert  The director may initiate an investigation of any
allegations of misconduct in the preparation, administration, or
scoring of an examination which is administered by a board, or in
the review of qualifications which are a part of the licensing process
of any board. A request for investigation shall be made by the
director to the Division of Investigation through the chief of the
division or to any law enforcement agency in the jurisdiction where
the alleged misconduct occurred.

begin delete

(c)

end delete

begin insert (1) end insert  The director may intervene in any matter of any board where
an investigation by the Division of Investigation discloses probable
cause to believe that the conduct or activity of a board, or its
members or begin delete employees end delete begin insert employees, end insert constitutes a violation of
criminal law.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert term “intervene,” as used in paragraph begin delete (c) end delete begin insert (1) end insert of this
section may include, but is not limited to, an application for a
restraining order or injunctive relief as specified in Section 123.5,
or a referral or request for criminal prosecution. For purposes of
this section, the director shall be deemed to have standing under
Section 123.5 and shall seek representation of the Attorney
General, or other appropriate counsel in the event of a conflict in
pursuing that action.

begin insert

(b) (1) For the purposes of this subdivision, the following
definitions shall apply:

end insert begin insert

(A) “Action” includes nonministerial formal actions as voted
on by a board and nonministerial informal decisions made by staff
as a result of explicit or implied delegated authority to act on
behalf of the board.

end insert begin insert

(B) Notwithstanding any other law, “board” means a board,
committee, or commission within the Department of Consumer
Affairs.

end insert begin insert

(C) “Market-sensitive actions” means those actions that create
barriers to market participation and restrict competition, including,
but not limited to, examination passage scores, advertising
restrictions, price regulation, enlarging or restricting the scope
of practice qualifications for licensure, and a pattern or program
of disciplinary actions affecting multiple individuals that create
barriers to market participation.

end insert begin insert

(D) “Clearly articulated and affirmatively expressed state
policy” includes federal statutes and regulations, California state
statutes and regulations, department policies, and executive orders.

end insert begin insert

(2) (A) (i) Within 60 days of an action taking place, the director
may, upon his or her own initiative, and shall, upon request by the
board making the decision or the Legislature, review any action
by a board to determine if it is a market-sensitive action.

end insert begin insert

(ii) If the action is found to be a market-sensitive action, the
director shall, within 90 days of receiving a request for a review
or initiating a review pursuant to this section, further determine
whether the market-sensitive action furthers a clearly articulated
and affirmatively expressed state policy.

end insert begin insert

(iii) If the director initiates a review of an action, he or she shall
notify the relevant board of the review and whether the review
resulted from a contact made by a specific member of the
Legislature, a specific organization, or a member of the public.

end insert begin insert

(iv) The director’s decision to review an action under this
section shall serve to cease implementation of the action until the
review is finalized and the action is found to further a clearly
articulated and affirmatively expressed state policy.

end insert begin insert

(v) Any review by the director under this subdivision shall
include a full substantive review of the board action based upon
all the relevant facts in the record provided by the board and any
additional information identified by the director.

end insert begin insert

(B) Upon completion of the review, the director shall take one
of the following actions:

end insert begin insert

(i) Approve the action or decision upon determination that it
furthers a clearly articulated and affirmatively expressed state
policy.

end insert begin insert

(ii) Disapprove the action or decision if it does not further a
clearly articulated and affirmatively expressed state policy. Upon
disapproval, the director may recommend modifications to the
board action that the board may vote to accept and resubmit for
review by the director. If the board rejects the recommended
modification, the board action shall not take effect.

end insert begin insert

(3) This subdivision shall not be construed to apply to any action
taken by any board prior to January 1, 2017.

end insert begin insert

(c) The director shall issue, and post on the department’s
Internet Web site, his or her final written decision on the board
action with an explanation of the reasons that action or decision
does or does not further a clearly articulated and affirmatively
expressed state policy and the rationale behind the director’s
decision.

end insert begin insert

(d) The review set forth in subdivision (b) shall not apply to the
review of any regulation promulgated by a board, singular
disciplinary action, official positions on legislation or legislative
proposals, or any other sanction or citation imposed by a board
upon a single licensee unless it is part of a pattern or program of
disciplinary actions affecting multiple individuals that create
barriers to market participation.

end insert begin insert

(e) The director shall report to the Chairs of the Senate
Committee on Business, Professions, and Economic Development
and the Assembly Committee on Business and Professions annually,
commencing March 1, 2017, regarding his or her disapprovals
and recommendations for modifications pursuant to this section.
This report shall be submitted in compliance with Section 9795 of
the Government Code.

end insert begin insert

(f) This section shall not be construed to affect, impede, or delay
any disciplinary actions of any board, except those actions that
are under review as part of a potential pattern or program of
disciplinary actions affecting multiple individuals that create
barriers to market participation.

end insert begin insert

(g) This section shall not affect, impede, or delay the availability
of judicial review under any other law, including, but not limited
to, Section 1085 of the Code of Civil Procedure.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 116 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

116.  

(a) The director may audit and review, upon his or her
own initiative, or upon the request of a consumer or licensee,
inquiries and complaints regarding licensees, dismissals of
disciplinary cases, the opening, conduct, or closure of
investigations, informal conferences, and discipline short of formal
accusation by begin delete the Medical Board of California, the allied health
professional boards, and the California Board of Podiatric
Medicine. The director may make recommendations for changes
to the disciplinary system to the appropriate board, the Legislature,
or both. end delete begin insert end insert begin insert any board or bureau within the department. end insert

(b) The director shall report to the begin delete Chairpersons end delete begin insert Chairs end insert of the
Senate begin delete Business and Professions end delete Committee begin insert on Business,
Professions, and Economic Development end insert and the Assembly begin delete Health end delete
Committee begin insert on Business and Professions end insert annually, commencing
March 1, begin delete 1995, end delete begin insert 2017, end insert regarding his or her findings from any audit,
review, or monitoring and evaluation conducted pursuant to this
section. begin insert This report shall be submitted in compliance with Section
9795 of the Government Code. end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 153 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

153.  

The director may investigate the work of the several
boards in his begin insert or her end insert department and may obtain a copy of all
records and full and complete data in all official matters in
possession of the boards, their members, officers, or begin delete employees,
other than examination questions prior to submission to applicants
at scheduled examinations. end delete begin insert employees. end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 307 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

307.  

The director may contract for the services of experts and
consultants where necessary to carry out begin delete the provisions of end delete this
chapter and may provide compensation and reimbursement of
expenses for begin delete such end delete begin insert those end insert experts and consultants in accordance with
state law.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 313.1 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

313.1.  

(a)  begin delete Notwithstanding end delete begin insert For the purposes of this section,
the following definitions shall apply: end insert

begin insert

(1) “Market-sensitive actions” means those actions that create
barriers to market participation and restrict competition, including,
but not limited to, examination passage scores, advertising
restrictions, price regulation, enlarging or restricting the scope
of practice qualifications for licensure, and a pattern or program
of disciplinary actions affecting multiple individuals that create
barriers to market participation.

end insert begin insert

(2) “Clearly articulated and affirmatively expressed state
policy” includes federal statutes and regulations, California state
statutes and regulations, department policies, and executive orders.

end insert

begin insert (b) end insert begin insert   end insert begin insert Notwithstanding end insert any other begin delete provision of end delete law to the contrary,
no rule or begin delete regulation, except those relating to examinations and
qualifications for licensure, end delete begin insert regulation end insert and no fee change proposed
or promulgated by any of the boards, commissions, or committees
within the department, shall take effect pending compliance with
this section.

begin delete

(b)

end delete

begin insert (c) end insert  The director shall be formally notified of and shall begin delete be
provided a full opportunity to end delete review, in accordance with the
requirements of Article 5 (commencing with Section 11346) of
Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
Code, and this section, all of the following:

(1) All notices of proposed action, any modifications and
supplements thereto, and the text of proposed regulations.

(2) Any notices of sufficiently related changes to regulations
previously noticed to the public, and the text of proposed
regulations showing modifications to the text.

(3) Final rulemaking records.

begin insert

(4) All relevant facts in the rulemaking record, which may
include data, public comments, or other documentary evidence
pertaining to the proposed regulation to determine whether it
furthers a clearly articulated and affirmatively expressed state
policy.

end insert begin delete

(c)

end delete

begin insert (d) end insert  The submission of all notices and final rulemaking records
to the director and the begin delete completion of the director’s review, end delete
begin insert director’s approval, end insert as authorized by this section, shall be a
precondition to the filing of any rule or regulation with the Office
of Administrative Law. The Office of Administrative Law shall
have no jurisdiction to review a rule or regulation subject to this
section until after begin delete the completion of end delete the director’s review and begin delete only
then if the director has not disapproved it. end delete begin insert approval. end insert The filing of
any document with the Office of Administrative Law shall be
accompanied by a certification that the board, commission, or
committee has complied with the requirements of this section.

begin delete

(d)

end delete

begin insert (e) end insert begin insert   end insert begin insert (1) end insert  Following the receipt of any final rulemaking record
subject to subdivision (a), the director shall begin delete have the authority for
a period of 30 days to disapprove a proposed rule or regulation end delete
begin insert approve or disapprove a proposed rule or regulation within 60
days. Disapproval shall only be allowed end insert on the ground that it is
injurious to the public health, safety, or begin delete welfare. end delete begin insert welfare or is a
market-sensitive action that does not further a clearly articulated
and affirmatively expressed state policy end insert begin insert . end insert

begin insert

(2) If the regulation is a market-sensitive action that does not
further a clearly articulated and affirmatively expressed state
policy, it shall be disapproved. If the director disapproves the
regulation because it is a market-sensitive action that does not
further a clearly articulated and affirmatively expressed state
policy, he or she may recommend modifications. The disapproval
shall be in writing and express the director’s rationale for the
disapproval.

end insert begin delete

(e)

end delete

begin insert (f) end insert  Final rulemaking records shall be filed with the director
within the one-year notice period specified in Section 11346.4 of
the Government Code. If necessary for compliance with this
section, the one-year notice period may be extended, as specified
by this subdivision.

(1) In the event that the one-year notice period lapses during
the director’s 30-day review period, or within 60 days following
the notice of the director’s disapproval, it may be extended for a
maximum of 90 days.

(2) If the director approves the final begin delete rulemaking record or
declines to take action on it within 30 days, end delete begin insert record, end insert the begin delete board,
commission, or committee end delete begin insert board end insert shall have five days from the
receipt of the record from the director within which to file it with
the Office of Administrative Law.

(3)  begin insert (A) end insert begin insert   end insert If the director disapproves a rule or regulation, it shall
have no force or effect unless, within 60 days of the notice of
disapproval, (A) the disapproval is overridden by a unanimous
vote of the members of the board, commission, or committee, and
(B) the board, commission, or committee files the final rulemaking
record with the Office of Administrative Law in compliance with
this section and the procedures required by Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.

begin insert

(B) Any regulation disapproved because it does not further a
clearly articulated and affirmatively expressed state policy shall
not be subject to this subdivision.

end insert begin delete

(f) Nothing in this

end delete

begin insert (g) end insert begin insert   end insert begin insert This end insert section shall begin insert not end insert be construed to prohibit the director
from affirmatively approving a proposed rule, regulation, or fee
change at any time within the 30-day period after it has been
submitted to him or her, in which event it shall become effective
upon compliance with this section and the procedures required by
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code.

begin insert

(h) This section shall not affect, impede, or delay the availability
of judicial review under any other law, including, but not limited
to, Section 1085 of the Code of Civil Procedure.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 825 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

825.  

(a) Except as otherwise provided in this section, if an
employee or former employee of a public entity requests the public
entity to defend him or her against any claim or action against him
or her for an injury arising out of an act or omission occurring
within the scope of his or her employment as an employee of the
public entity and the request is made in writing not less than 10
days before the day of trial, and the employee or former employee
reasonably cooperates in good faith in the defense of the claim or
action, the public entity shall pay any judgment based thereon or
any compromise or settlement of the claim or action to which the
public entity has agreed.

If the public entity conducts the defense of an employee or
former employee against any claim or action with his or her
reasonable good-faith cooperation, the public entity shall pay any
judgment based thereon or any compromise or settlement of the
claim or action to which the public entity has agreed. However,
where the public entity conducted the defense pursuant to an
agreement with the employee or former employee reserving the
rights of the public entity not to pay the judgment, compromise,
or settlement until it is established that the injury arose out of an
act or omission occurring within the scope of his or her
employment as an employee of the public entity, the public entity
is required to pay the judgment, compromise, or settlement only
if it is established that the injury arose out of an act or omission
occurring in the scope of his or her employment as an employee
of the public entity.

Nothing in this section authorizes a public entity to pay that part
of a claim or judgment that is for punitive or exemplary damages.

(b) Notwithstanding subdivision (a) or any other provision of
law, a public entity is authorized to pay that part of a judgment
that is for punitive or exemplary damages if the governing body
of that public entity, acting in its sole discretion except in cases
involving an entity of the state government, finds all of the
following:

(1) The judgment is based on an act or omission of an employee
or former employee acting within the course and scope of his or
her employment as an employee of the public entity.

(2) At the time of the act giving rise to the liability, the employee
or former employee acted, or failed to act, in good faith, without
actual malice and in the apparent best interests of the public entity.

(3) Payment of the claim or judgment would be in the best
interests of the public entity.

As used in this subdivision with respect to an entity of state
government, “a decision of the governing body” means the
approval of the Legislature for payment of that part of a judgment
that is for punitive damages or exemplary damages, upon
recommendation of the appointing power of the employee or
former employee, based upon the finding by the Legislature and
the appointing authority of the existence of the three conditions
for payment of a punitive or exemplary damages claim. The
provisions of subdivision (a) of Section 965.6 shall apply to the
payment of any claim pursuant to this subdivision.

The discovery of the assets of a public entity and the introduction
of evidence of the assets of a public entity shall not be permitted
in an action in which it is alleged that a public employee is liable
for punitive or exemplary damages.

The possibility that a public entity may pay that part of a
judgment that is for punitive damages shall not be disclosed in any
trial in which it is alleged that a public employee is liable for
punitive or exemplary damages, and that disclosure shall be
grounds for a mistrial.

(c) Except as provided in subdivision (d), if the provisions of
this section are in conflict with the provisions of a memorandum
of understanding reached pursuant to Chapter 10 (commencing
with Section 3500) of Division 4 of Title 1, the memorandum of
understanding shall be controlling without further legislative action,
except that if those provisions of a memorandum of understanding
require the expenditure of funds, the provisions shall not become
effective unless approved by the Legislature in the annual Budget
Act.

(d) The subject of payment of punitive damages pursuant to this
section or any other provision of law shall not be a subject of meet
and confer under the provisions of Chapter 10 (commencing with
Section 3500) of Division 4 of Title 1, or pursuant to any other
law or authority.

(e) Nothing in this section shall affect the provisions of Section
818 prohibiting the award of punitive damages against a public
entity. This section shall not be construed as a waiver of a public
entity’s immunity from liability for punitive damages under Section
1981, 1983, or 1985 of Title 42 of the United States Code.

(f) (1) Except as provided in paragraph (2), a public entity shall
not pay a judgment, compromise, or settlement arising from a
claim or action against an elected official, if the claim or action is
based on conduct by the elected official by way of tortiously
intervening or attempting to intervene in, or by way of tortiously
influencing or attempting to influence the outcome of, any judicial
action or proceeding for the benefit of a particular party by
contacting the trial judge or any commissioner, court-appointed
arbitrator, court-appointed mediator, or court-appointed special
referee assigned to the matter, or the court clerk, bailiff, or marshal
after an action has been filed, unless he or she was counsel of
record acting lawfully within the scope of his or her employment
on behalf of that party. Notwithstanding Section 825.6, if a public
entity conducted the defense of an elected official against such a
claim or action and the elected official is found liable by the trier
of fact, the court shall order the elected official to pay to the public
entity the cost of that defense.

(2) If an elected official is held liable for monetary damages in
the action, the plaintiff shall first seek recovery of the judgment
against the assets of the elected official. If the elected official’s
assets are insufficient to satisfy the total judgment, as determined
by the court, the public entity may pay the deficiency if the public
entity is authorized by law to pay that judgment.

(3) To the extent the public entity pays any portion of the
judgment or is entitled to reimbursement of defense costs pursuant
to paragraph (1), the public entity shall pursue all available
creditor’s remedies against the elected official, including
garnishment, until that party has fully reimbursed the public entity.

(4) This subdivision shall not apply to any criminal or civil
enforcement action brought in the name of the people of the State
of California by an elected district attorney, city attorney, or
attorney general.

begin insert

(g) Notwithstanding subdivision (a), a public entity shall pay
for a judgment or settlement for treble damage antitrust awards
against a member of a regulatory board for an act or omission
occurring within the scope of his or her official capacity as a
member of a regulatory board.

end insert begin insert

(h) Treble damages awarded pursuant to the federal Clayton
Act (Sections 12 to 27, inclusive, of Title 15 of, and Sections 52
and 53 of Title 29 of, the United States Code) for a violation of
the federal Sherman Act (Sections 1 to 7, inclusive, of Title 15 of
the United States Code) are not punitive or exemplary damages
under the Government Claims Act (Division 3.6 (commencing with
Section 810) of Title 1 of the Government Code) for purposes of
this section.

end insert

begin delete

SECTION 1.  

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

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 services to the public, 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.

SEC. 2.  

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.

SEC. 3.  

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.

SEC. 4.  

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

2914.1.  

The board shall encourage every licensed psychologist
to take continuing professional development in geriatric
pharmacology.

SEC. 5.  

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 in psychopharmacology
and biological basis of behavior.

SEC. 6.  

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
Psychology.

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 previously approved by
the board to provide or approve continuing education 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.

SEC. 7.  

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.

SEC. 8.  

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.

SEC. 9.  

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.

SEC. 10.  

Section 2947 of the Business and Professions Code
is repealed.

SEC. 11.  

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.

SEC. 12.  

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.

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