BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1194| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 SB 1194 Page 2 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. SB 1194 Page 3 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 SB 1194 Page 4 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 SB 1194 Page 5 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. SB 1194 Page 6 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 SB 1194 Page 7 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 **** END ****