BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1194|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 1194
Author: Hill (D)
Amended: 5/31/16
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 4/18/16
AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez,
Jackson, Mendoza, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/27/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
SUBJECT: Psychology: Board of Psychology: personnel
SOURCE: Author
DIGEST: This bill 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 amendments.
ANALYSIS:
Existing law:
1) Establishes the BOP to enforce and administer the Psychology
Licensing Law. (Business and Professions Code (BPC) § 2900
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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) 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)
6) 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: (BPC § 2914)
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.
7) Establishes requirements for CE. (BPC § 2915)
8) Sunsets the BOP on January 1, 2017. (BPC §§ 2920, 2933)
This bill:
1) Deletes PA employment restrictions and related provisions.
2) Requires a PA to register him or herself with the BOP.
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3) Authorizes a board certified psychiatrist to supervise,
register, or employ three PAs with specific authorization
from the BOP.
4) Requires that an applicant 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 after January 1, 2020. 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) Defines CPD as certain continuing education learning
activities approved in four different categories:
a) Professional.
b) Academic.
c) Sponsored continuing education coursework.
d) Board certification from the American Board of
Professional Psychology according to the standards the
American Board of Professional Psychology used for
certification as of January 1, 2016.
7) Authorizes an organization approved by the BOP to provide or
approve CE on March 1, 2016, to be deemed approved.
8) Authorizes the BOP to accept sponsored CE courses that have
been approved by a private, nonprofit organization that has
demonstrated to the BOP 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
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CE approval program.
9) Authorizes the BOP to develop regulations further defining
acceptable CPD activities.
10)Deletes the exemption from CE requirements for a licensed
psychologist whose practice does not include the direct
provision of mental health services.
11)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.
12)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 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
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degree and type of degree awarded;
d) A link to the licensee's professional Web site; and,
e) Other information designated by the BOP in regulation.
13)Authorizes the BOP to issue a retired psychologist license,
as specified.
14)Extends the BOP sunset to January 1, 2021.
15)Makes technical amendments.
Comments
This bill is sponsored by the author, and is one of five sunset
bills the author is sponsoring this session. 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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee:
Ongoing costs of about $5 million per year for the continued
operation of the BOP (Psychology Fund). The BOP is entirely
funded with licensing fees.
Ongoing revenue loss of about $57,000 per year offset
initially by one-time revenue of $86,000, due to current
licensees shifting from an inactive psychology license to a
retired psychology license (Psychology Fund). Over time, there
will be minor annual revenue from new retired license
applications, which will partially offset the ongoing revenue
loss. The reduction in annual renewal fees will generally be
offset by a reduction in administrative workload for the BOP
to process renewal applications.
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Under current law, a licenses psychologist who is no longer
practicing can apply for and be granted an inactive license.
An inactive license must be renewed every two years and
requires a $50 renewal fee. This bill creates a retired
psychologist license that requires a one-time $75 fee. Most of
the applicants for the new license are likely to currently
have an inactive license or would apply for one upon
retirement. Therefore, the BOP will experience a revenue loss
from the shift from licensees shifting from a renewable
license to one with a one-time fee.
No other significant costs are anticipated to the BOP from the
other changes in this bill.
SUPPORT: (Verified5/31/16)
California Board of Psychology
California Psychological Association
OPPOSITION: (Verified5/31/16)
None received
ARGUMENTS IN SUPPORT: The BOP writes, "At its May 20, 2016
meeting, the Board of Psychology (Board) adopted a Support
position on SB 1194 (Hill). This bill would extend the statutory
sunset of the Board of Psychology to 2021, authorize the Board
to issue a Retired Psychologist license and make a variety of
other changes to the licensing requirements for psychologists
and Board operations.
"The Board supports and agrees with the Sunset Review Committee
staff recommendation that "the practice of psychology continue
to be regulated by the current Board members in order to protect
the interests of the public and be reviewed once again in four
years.
"The Board appreciates the confidence the Committees have
demonstrated in recommending the continuance of the regulation
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of the practice of psychology by the Board in its current
configuration."
Prepared by:Sarah Huchel / B., P. & E.D. / (916) 651-4104
5/31/16 22:13:13
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