BILL ANALYSIS Ó
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: SB 1194 Hearing Date: April 18,
2016
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|Author: |Hill |
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|Version: |April 11, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Sarah Huchel |
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Subject: Psychology: Board of Psychology: personnel
SUMMARY: Amends statutes related to psychological assistants (PAs),
psychologist academic requirements, and continuing education
(CE); establishes policies for posting licensee information on
the Board of Psychology's (BOP) Web site; extends the BOP's
sunset date to 2021; authorizes the issuance of a retired
license; and makes technical amends.
Existing law:
1)Establishes the BOP to enforce and administer the Psychology
Licensing Law. (Business and Professions Code (BPC) § 2900 et
seq.)
2)Requires a PA to be employed by a clinic, as specified; a
psychological corporation; a licensed psychology clinic, as
specified; or by a medical corporation. (BPC § 2913)
3)Prohibits a licensed psychologist from supervising more than
three PAs at a time unless otherwise authorized by the BOP.
(BPC § 2913)
4)Prohibits a board certified psychiatrist from registering,
employing, or supervising more than one PA at a time. (BPC §
2913)
5)Requires the licensed psychologist, board certified
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psychiatrist, contract clinic, psychological corporation, or
medical corporation, to register the PA with the BOP. (BPC §
2913)
6)Prohibits a contract clinic, psychological corporation, or
medical corporation from employing more than ten PAs at any
time, and limits the number of PAs a contract clinic may
register, employ, or supervise to one PA for each designated
full-time staff psychiatrist. (BPC § 2913)
7)States that an applicant holding a doctoral degree in
psychology from an approved institution is deemed to meet
certain licensing requirements if both of the following are
true:
a) 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; and,
b) The approved institution has not, since July 1, 1999,
had a new location, as described in § 94823.5 of the
Education Code. (BPC § 2914)
8)Establishes requirements for CE. (BPC § 2915)
9) Sunsets the BOP on January 1, 2017. (BPC §§ 2920, 2933)
This bill:
1)Deletes PA employment restrictions and related provisions.
2)Deletes the option for a licensed psychologist to supervise,
register, or employ more than three PAs with specific
authorization from the BOP.
3)Deletes provisions of law related to the employment,
supervision, and registration of a PA by a BOP certified
psychiatrist.
4)Deletes requirements related to an approved school and instead
requires that an applicant graduate from a college or
institution of higher education that is accredited by a
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regional accrediting agency recognized by the United States
Department of Education. Authorizes BOP, until January 1,
2020, to accept an applicant who possesses a doctorate degree
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 (BPPE).
5)Changes references from CE to "continuing professional
development" (CPD) and instead of requiring licensees to
submit proof of compliance to BOP, requires licensees to
retain proof of compliance for submission to the BOP upon
request.
6)Deletes the requirement that CE instruction be completed in
California or be approved for CE credit by the American
Psychological Association or its equivalent; states instead
that courses shall be approved for credit by organizations
approved by the BOP.
7)Deletes BOP's authority to recognize CE courses that have been
approved by a nonprofit organization with at least 10 years
experience managing CE programs for psychologists.
8)Deletes the exemption from CE requirements for a licensed
psychologist whose practice does not include the direct
provision of mental health services.
9)Deletes the requirement that a licensed psychologist choose CE
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.
10)Allows CPD credit for individuals selected by the BOP for
enforcement-related functions.
11)Authorizes the BOP to post the following licensee
information:
a) Whether or not the licensee has any record of a
disciplinary action;
b) The following enforcement actions or proceedings against
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the licensee:
i) Temporary restraining orders;
ii) Interim suspension orders;
iii) Revocations, suspensions, probations, or limitations
on practice ordered by the BOP or by a court with
jurisdiction in the State, including those made part of a
probationary order, cease practice order, or stipulated
agreement;
iv) Accusations filed by the BOP, including those
accusations that are on appeal, excluding ones that have
been dismissed or withdrawn where the action is no longer
pending; and,
v) Citations issued by the BOP. Unless withdrawn,
citations shall be posted for five years from the date of
issuance.
c) Institutions that awarded the qualifying educational
degree and type of degree awarded;
d) A link to the licensee's professional website; and,
e) Other information designated by the BOP in regulation.
12)Authorizes the BOP to issue a retired psychologist license,
as specified.
13)Extends the BOP sunset to January 1, 2021.
14)Makes technical amendments.
FISCAL EFFECT: Unknown. This bill is keyed "fiscal" by
Legislative Counsel.
COMMENTS:
1. Purpose. This bill is sponsored by the Author , and is one of
five sunset bills the Author is sponsoring this session.
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According to the Author's office, this bill is necessary to
update provisions of the Psychology Licensing Law to reflect
current practices and improve information available to
consumers.
2. Oversight Hearings and Sunset Review of Licensing Boards and
Programs. Beginning in 2015, the Senate Business,
Professions and Economic Development Committee and the
Assembly Business and Professions Committee (Committees)
conducted joint oversight hearings to review 12 regulatory
entities: DCA, Acupuncture Board, Board of Behavioral
Sciences, California Massage Therapy Association, Court
Reporters Board, Board of Pharmacy, Physician Assistant
Board, Board of Podiatric Medicine, BPPE, BOP, Bureau of Real
Estate, Bureau of Real Estate Appraisers and Veterinary
Medical Board.
This and other accompanying sunset bills are intended to
implement legislative changes as recommended by Committee
staff in the Background Papers prepared for each agency and
program reviewed.
3. Background on BOP. The BOP regulates licensed psychologists,
registered PAs, and registered psychologists. BOP is one of
30 regulatory entities that falls under the organizational
structure of the Department of Consumer Affairs. It is
funded by license, application, and examination fees, and
receives no revenue from California's General Fund.
Psychology as a profession was recognized with the
Certification Act of 1958, which provided only title
protection. In 1967, the Legislature statutorily defined the
practice of psychology and required licensure to practice.
During these early days, the Board was an examining committee
under the jurisdiction of the Division of Allied Health
Professions of The Board of Medical Quality Assurance (BMQA).
The Psychology Examining Committee gradually became more
independent in the 1970s, taking responsibility for its own
operations, including the authority to adopt regulations and
administrative disciplinary actions without the endorsement
of BMQA. The Psychology Examining Committee officially
became the BOP in 1990.
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The BOP consists of nine members, five licensed
psychologists, and four public members. The BOP is vested
with the authority to implement and enforce the Psychology
Licensing Law and appoints an Executive Officer (EO) to carry
out its will administratively. The EO is responsible for
managing 23 staff and a budget of $4.8 million.
4. Review of the BOP - Issues Identified and Recommended Changes
a) Issue : Approved schools and national accreditation.
Background : California is the only state that allows
students from unaccredited schools to sit for psychology
licensing examinations. Current law requires the BOP to
accept doctoral degrees in psychology from either
accredited or approved institutions. An institution is
deemed approved if it is not a franchise, was approved by
the Bureau for Private Postsecondary and Vocational
Education on or before 1999, and has not moved to a new
location since 1999. There are six schools meeting these
criteria, and approvals and oversight are conducted solely
by the BPPE.
This issue was raised during the previous review of the BOP
in 2011. At that time, the BOP was concerned about the
lack of quality control over the schools' operations and
curriculum and that students attending approved schools
have a low pass rate on the national exam, among other
issues. The BOP stated that the students from these
schools should not be eligible for licensure and expressed
their preference for a change in law to prohibit applicants
from approved schools. This law was not changed.
In an effort to increase the quality of educational
programs in California, the California Private
Postsecondary Education Act of 2009 was amended in 2014
(SB 1247, Lieu, Chapter 840, Statutes of 2014) to require
degree granting institutions to be accredited by an agency
recognized by the U.S. Department of Education (which
includes national accreditation) by July 1, 2020 in order
to receive BPPE approval.
However, these changes are insufficient to raise
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California's psychologists to the national standard. The
main barrier is that the Association of State and
Provincial Psychology Boards (ASPPB) requires member states
to have regionally accredited schools to participate in
their Agreement of Reciprocity for licensure. Current law
will only require national accreditation. Further,
California psychologists cannot join the American
Psychological Association as full members; participate in
certain pre-doctoral or post-doctoral programs necessary
for some types of employment, including the U.S. Department
of Veterans' Affairs Health and Medical Centers -- the
largest employer of psychologists in the U.S; or be
eligible for licensure in some states.
Recommendation and Proposed Statutory Change : The
Committees should remove current language authorizing
graduates with degrees from unaccredited institutions to
sit for licensure by the BOP and ensure that timeframes for
this change accommodate current students. The BOP should
provide information to the Committees as to whether
regional accreditation may be preferable to other types of
accreditation, and the Committees should specify the type
of accreditation that should be required of institutions
offering degrees intended to lead to licensure.
This bill deletes current requirements related to an
approved school and instead requires that an applicant for
psychologist licensure graduate from a college or
institution of higher education that is accredited by a
regional accrediting agency recognized by the United States
Department of Education. This bill also authorizes the BOP,
until January 1, 2020, to accept an applicant who possesses
a doctorate degree from an institution that is not
accredited by an accrediting agency recognized by the U.S.
Department of Education but is approved to operate in this
state by the BPPE.
b) Issue : Continuing education.
Background : Traditional models of CE entail formal learning
activities conducted in classroom or workshop settings. The BOP
is seeking changes to its CE program to accommodate a broader
competency model called CPD. The model was developed by the
ASPPB and provides additional avenues for maintaining
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professional competence. These options are meant to expand the
ways licensees can increase their learning and to include
performance-based assessments.
Changes should include:
1. Redefining CE requirements as CPD requirements;
2. Removing specific course requirements found in the BPC;
and,
3. Enabling the BOP to approve specific organizations that
provide CPD
activities.
Recommendation and Proposed Statutory Change : The BOP
should provide recommendations to the Committee for
updating CE statutes.
This bill changes references from "continuing education" to
"continuing professional development," requires licensees
to retain proof of CPD compliance for submission to the BOP
upon request; requires CPD courses to be approved for
credit by organizations approved by the BOP; allows CPD
credit for individuals selected by the BOP for
enforcement-related functions; and requires the BOP to
promulgate regulations relating to CPD.
a) Issue : Expansion of PA practice areas.
Background : Applicants must accrue 3,000 hours of supervised
professional experience in order to qualify for psychologist
licensure. Individuals who have a Master's degree and are
admitted into a doctoral program may obtain these hours by
registering with the BOP as a PA. A PA provides psychological
services to individuals or groups while under the supervision of
a licensed psychologist or a board certified psychiatrist.
Current law requires that a PA be employed only by a
psychological or medical corporation, a California licensed
psychology clinic, a Bronzan-McCorquodale contract clinic, a
licensed psychologist, or a board certified psychiatrist.
The BOP recognizes that these statutes are outdated and do not
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reflect the employment, contract, or volunteer opportunities
available in settings beyond current limitations, such as
hospitals, nursing homes, and rehabilitation centers.
Recommendation and Proposed Statutory Change : The BOP should
provide recommendations to the Committee for updating PA
statutes to focus on appropriate supervision, rather than
physical setting.
This bill deletes PA employment restrictions and related
provisions and deletes the option for a licensed psychologist to
supervise, register, or employ more than three PAs with specific
authorization from the BOP.
b) Issue : Retired license.
Background : The Psychology Licensing Law does not authorize a
retired license. Under existing law, a retired licensee may
choose only between "inactive" status, which costs $25 per year,
or "delinquent" status. These have negative connotations and
may not respect a long and honorable career.
The BOP is seeking to establish a "retired" licensure category,
similar to many other healing arts programs such as the Medical
Board of California, Professional Fiduciaries Bureau, Board of
Behavioral Sciences, and Board of Optometry. The creation of
this license would require a one-time fee and would provide a
means for a retired licensee to return to active status under
certain circumstances.
Adding this license designation is a consistent request from
licensees and is included in the BOP's 2014-2018 Strategic Plan.
Recommendation and Proposed Statutory Change : The BOP should
provide recommendations to the Committee for establishing a
retired license.
This bill authorizes the BOP to issue a retired license.
c) Issue : Web site information.
Background: The BOP has been very active in providing
information to consumers and seeks legislative authority to post
historical information on existing and past licensees' approved
graduate and post-graduate education on its Web site. This will
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enable consumers to make informed decisions when selecting a
psychology provider.
Recommendation and Proposed Statutory Change : The BOP should
provide recommendations to the Committee for updating its public
information policies.
This bill authorizes the BOP to post the information on the
status of its licensees relating to disciplinary and enforcement
actions, academic credentials, a licensee's website, and other
information designated by the BOP in regulations.
1. Prior Related Legislation. AB 773 (Baker, Chapter 336,
Statutes of 2015) recast the expiration dates for certain
licenses, certificates, and registrations issued by the BOP
based on the date of issuance instead of a licensee's
birthdate.
AB 705 (Eggman, Chapter 218, Statutes of 2015) updated the
Psychology Licensing Law to require employees in exempt
settings be supervised by a licensed psychologist and become
licensed within five years of practice, and made technical
and clarifying changes.
AB 1374 (Levine, Chapter 529, Statutes of 2015) eliminated
the requirement for a fee in the practice of psychology so
that psychological services may be provided for free, revised
terms related to the practice of psychology, amended the
process by which an applicant submits a verification of
experience to the BOP, and made technical and clarifying
changes.
2. Arguments in Support. The California Psychological
Association writes, "The Board of Psychology is a licensing
Board within the Department of Consumer Affairs responsible
for overseeing the laws and regulations related to the
licensure, practice and discipline of the diverse profession
of Psychology. The Board regulates over 20,000 psychologists,
registered psychologists, and psychological assistants.
Psychologists are doctoral-level mental health providers with
a variety of specialties.
3. The profession is very diverse and necessitates its own
separate licensing board. The Board is fully funded by
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licensing and application fees. As a result, there is
absolutely no General Fund cost to the state to run the Board
of Psychology. Without the sunset extension, the licensure,
regulation and discipline of psychologists and pre-licensed
psychologists would cease to exist in the state, cutting off
access to services for millions of Californians. We are fully
supportive of the four year extension in the bill, as well as
the pending amendments to ensure that all eligible licensees
will have graduated from an accredited institution and the
establishment of a 'retired licensee' status."
4. Author's Amendments.
a) On page 3, line 14, after "person," strike "is
registered" and insert "shall register him or herself "
This amendment clarifies that the PA is responsible for
registering him or herself.
b) On page 4, line 26, insert " or board certified
psychiatrist " after "psychologist.
This bill does not include the number of PAs a board
certified psychiatrist can supervise; this amendment sets it
at the same number as a licensed psychologist.
c) On page 5, between lines 13 and 14, insert:
(b) Possess an earned doctorate degree (A) in psychology, (B) in
educational psychology, or (C) in education with the field of
specialization in counseling psychology or educational
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.
d) On page 7, between lines 14 and 15, insert:
(g) 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
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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.
c) and d) are necessary to ensure that current license
requirements remain in place until January 1, 2020.
e) On page 8, at line 22, insert:
" c) Continuing professional development means certain
continuing education learning activities approved in four
different categories: (1) Professional (2) Academic (3)
Sponsored Continuing Education Coursework and (4) Board
Certification from the American Board of Professional
Psychology (ABPP). The Board may develop regulations
further defining acceptable continuing professional
development activities ."
It is unclear presently in the bill what constitutes
acceptable continuing professional development, and this
amendment will help clarify what may be applied towards
licensure requirements.
f) On page 9, line 8, delete "credit"
This is a technical correction.
g) On page 9, line 9, after "board." insert: " An
organization previously approved by the Board to
provide or approve CE is deemed approved under this
section ."
"f) The board may accept sponsored CE courses that
have been approved by a private, non-profit
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
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this section ."
This amendment gives the Board general legislative directions
for approving CE courses.
h) On page 10, delete lines 1-5.
This is unnecessary because this opportunity will be
covered under professional CPD activities.
SUPPORT AND OPPOSITION:
Support:
California Psychological Association
Opposition: None on file as of April 12, 2016.
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