BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       SB 1194|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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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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