BILL ANALYSIS Ó
SB 1194
Page 1
Date of Hearing: June 28, 2016
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Rudy Salas, Chair
SB 1194(Hill) - As Amended May 31, 2016
SENATE VOTE: 39-0
SUBJECT: Psychology: Board of Psychology: personnel
SUMMARY: Extends the sunset date for the Board of Psychology
(BOP) by four years, until January 1, 2021; amends statutes
pertaining to psychological assistants (PA); revises continuing
education (CE) requirements; establishes policies for posting
licensee information on the BOP's website; authorizes the BOP to
issue a retired license; revises the requirements related to
approved schools; and, makes other technical, clarifying and
conforming changes to the BOP and the psychology practice act
(act).
EXISTING LAW:
1)Establishes the BOP to enforce and administer the Psychology
Licensing Law. (Business and Professions Code (BPC) Section
2900, et seq.)
2)Requires a PA to be employed by a clinic, as specified; a
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psychological corporation; a licensed psychology clinic, as
specified; or by a medical corporation. (BPC Section 2913)
3)Prohibits a licensed psychologist from supervising more than
three PAs at a time unless otherwise authorized by the BOP.
(BPC Section 2913)
4)Prohibits a board certified psychiatrist from registering,
employing, or supervising more than one PA at a time. (BPC
Section 2913)
5)Requires a licensed psychologist, board certified
psychiatrist, contract clinic, psychological corporation, or
medical corporation, to register the PA with the BOP. (BPC
Section 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 Section 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 Section 94823.5 of the
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Education Code. (BPC Section 2914)
8)Establishes requirements for CE. (BPC Section 2915)
9) Sunsets the BOP on January 1, 2017. (BPC Sections 2920,
2933)
THIS BILL:
1)Revises employment restrictions for PAs, as specified.
2)Clarifies that PAs are required to register themselves with
the BOP, and the registration must be renewed annually in
accordance with BOP regulations, as specified.
3)Deletes the provision allowing a licensed psychologist to
register, employ or supervise more than three psychological
assistants at a time with specific authorization from the BOP.
4)Requires on or after January 1, 2020 that an applicant for
licensure as a psychologist 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 (USDE)
and authorizes the BOP to accept only until January 1, 2020,
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
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accrediting agency recognized by the USDE but is approved to
operate by the BPPE.
5)Changes references to CE to continuing professional
development (CPD).
6)Requires applicants for licensure renewal to submit under
penalty of perjury that he or she is in compliance with
specified CPD requirements.
7)Specifies that CPD means certain continuing education learning
activities approved in the following four categories: 1)
professional; 2) academic; 3) sponsored continuing education
coursework; and, 4) Board certification from the American
Board of Professional Psychology.
8)Authorizes the BOP to develop regulations further defining CPD
activities.
9)Deletes the exemption from CE requirements for a licensed
psychologist whose practice does not include the direct
provision of mental health services.
10)Deletes the requirement that CE instruction be completed in
California or be approved for credit by the American
Psychological Association or its equivalent and instead
specifies that courses must be approved for credit by
organizations approved by the BOP, and those organizations
previously approved by the BOP to provide CE is deemed
approved, as specified.
11)Revises the BOPs authority to accept CE courses from certain
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nonprofit organizations.
12)Deletes the requirement that a licensed psychologist must
choose CE instruction that is related to the assessment,
diagnosis, and intervention for the client population that is
being served or to the fields of psychology in which the
psychologist intends to provide services, as specified.
13)Authorizes the BOP to grant an exemption or an extension of
the time for compliance with, from CPD, as specified.
14)Deletes the authorization for CE credit to be approved for
licensees who serve as commissioners on any examination.
15)Extends the sunset date for the BOP by four years, until
January 1, 2021.
16)Authorizes the BOP to post on its Internet website the
following information on the current status of the license for
all current and former licensees:
a) Whether or not the license has a record of disciplinary
action; and,
b) Any of the following enforcement actions or proceedings:
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
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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,
posted for five years from the date of issuance.
17)Authorizes the BOP to post on its Internet website all of the
following historical information in its possession, custody,
or control regarding all current and former licensees:
a) Institutions that awarded the qualifying educational
degree and type of degree awarded; and,
b) A link to the licensee's professional website.
18)Permits the BOP to post other information as determined
through regulation.
19)Deletes the section on appointment of commissioners on
examinations, as specified.
20)Permits the BOP to issue a retired license, as specified.
21)Authorizes the holder of a retired license to return to
active status if specified conditions are met including, the
retired license not being issued more than three years for the
date of return to active status; not committed acts or crimes
constituting grounds for denial; paying the renewal fee;
completing CPD, and complying with fingerprint submission
requirements.
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22)Authorizes the holder of a retired license to return to
active status if the retired license was issued three or more
years from the application date if specified conditions are
met including, completing an application packet, taking and
passing the California Psychology Law and Ethics Examination;
paying all fees; complying with fingerprint submission
requirements, having met educational and experience
requirements, as specified, and establishing that he or she
has not been subject to denial or discipline of a license.
FISCAL EFFECT: According to the Senate Appropriations
Committee, this bill will result in,
Ongoing costs of about $5 million per year for the
continued operation of the Board of Psychology (Psychology
Fund). The Board 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 Board to process renewal applications.
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 would require a one-time
$75 fee. Most of the applicants for the new license are
likely to currently have an inactive license or would apply
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for one upon retirement. Therefore, the Board 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 Board
from the other changes in the bill.
COMMENTS:
Purpose. This bill is a sunset bill which seeks to extend the
sunset date of the BOP by four years, until January 1, 2021,
makes other regulatory and programmatic changes as raised during
the 2016 sunset review hearing, and makes other technical,
clarifying, and conforming amendments pertaining to the BOP.
This bill is sponsored by the author. "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."
Background. Board of Psychology. The BOP regulates licensed
psychologists, registered PAs, and registered psychologists.
Only licensed psychologists can practice psychology
independently in the private sector in California. In order to
be a licensed psychologist, an individual must obtain a
doctorate degree in psychology, educational psychology, or
education within the field of specialization in counseling
psychology or educational psychology from an accredited or
approved institution, and have completed two years (3,000) hours
of supervised professional experience, where at least 1,500 of
those hours be completed post-doctoral. PAs are registered to a
licensed psychologist or to a board-certified psychiatrist as
employees who provide limited psychological services. Those
registered psychologists are registered with the BOP and work
and train under supervision in non-profit agencies that receive
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government funding. PAs are employed and supervised by a
qualified licensed psychologist as employees who may provide
limited services. PAs are required to have a master's degree,
but no specified experience requirements. The BOP's current
licensing population includes approximately 20,000
psychologists, approximately 280 registered psychologist and
approximately 1,600 PAs.
Joint Oversight Hearings and Sunset Review of DCA Licensing
Boards. In March of 2016, the Assembly Business and Professions
Committee and the Senate Business, Professions and Economic
Development Committee (Committees) conducted multiple joint
oversight hearings to review 11 regulatory boards within the DCA
and one regulatory entity outside of the DCA. The sunset bills
are intended to implement legislative changes recommended in the
respective background reports drafted by the Committee staff for
the agencies reviewed this year.
The Sunset Review Process. The sunset review process provides a
formal mechanism for the DCA, the Legislature, the regulatory
boards, bureaus and committees, interested parties, and
stakeholders to make recommendations for improvements to the
authority of consumer protection boards and bureaus. This is
performed on a standard four-year cycle and was mandated by SB
2036 (McCorquodale), Chapter 908, Statutes of 1994. Each
eligible agency is required to submit to the Committees a report
covering the entire period since last reviewed that includes,
among other things, the purpose and necessity of the agency and
any recommendations of the agency for changes or reorganization
in order to better fulfill its purpose. During the sunset
review hearings, the Committees take public testimony and
evaluate the eligible agency prior to the date the agency is
scheduled to be repealed. An eligible agency is allowed to
sunset unless the Legislature enacts a law to extend,
consolidate, or reorganize the eligible agency.
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The BOP was last reviewed in 2011 and received a four-year
sunset extension at that time The legislation pertaining to
this bill is based on specific issues raised and addressed in
the report released by the Senate Committee on Business and
Professions along with the sunset review hearing on March 14,
2016.
Approved Schools and National Accreditation. 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 former
Bureau of Private Postsecondary Vocational Education on or
before 1999, and has not moved to a new location since 1999.
There are six schools meeting these criteria, with approvals and
oversight conducted solely by the BPPE. This issue was raised
during the previous review of the BOP. At that time, the BOP
noted that it was concerned that there is little quality control
over the schools' operations or curriculum and students have a
low pass rate on the national exam, among other issues. At that
time, 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.
The law was not changed during the previous sunset review.
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, required degree granting institutions to be
accredited by an agency recognized by the USDE by July 1, 2020
in order to receive BPPE approval. Further, AB 2099 (Frazier),
Chapter 676, Statutes of 2014 also established requirements for
unaccredited degree granting programs participating in Title 38,
the program that provides educational awards for eligible active
duty military members and veterans. While the BOP recognizes
recent Legislative actions as significant progress, there
remains a concern that these changes may be insufficient to
raise California's psychologists to the national standard. As a
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result, in the 2016 Committee Staff Background Paper, it was
recommended that current language authorizing graduates with
degrees from unaccredited institutions to sit for licensure by
the BOP be removed, and ensure that timeframes for this change
accommodate current students. Additionally, it was requested for
the BOP to 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.
As a result of that recommendation, this bill will delete the
current requirements pertaining to school approval and instead
require that an applicant for a psychologists' license graduate
from an institution that is accredited by a regional accrediting
agency recognized by the USDE. This bill will allow the BOP to
continue to accept applicant who possesses a doctorate degree
from an institution that is not accredited by an agency
accredited by an accrediting agency recognized by the USDE, but
is approved to operate in this state by the BPPE until January
1, 2020; thereby giving persons who may be in a current program
time to complete a program.
Continuing Professional Development. Traditional models of CE
entail formal learning activities conducted in classroom or
workshop settings. As referenced earlier in the report, the BOP
seeks changes to their CE program to accommodate a broader
competency model called CPD. The CPD model provides additional
avenues for maintaining competence. These options are meant to
expand the ways licensees can increase their learning and to
include performance-based assessments of licensees' competence.
In the 2016 Committee Staff Background Paper, it was recommended
that the BOP provide recommendations to the Committee with
respect to establishing changes in CE requirements. To address
the issues raised by the BOP, this bill will change current
references to CE and replace it with CPD. This bill will define
CPD to include activities in four different categories including
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professional, academic, sponsoring CE coursework, and board
certification from the American Board of Professional
Psychology. This bill will allow the BOP to grant an extension
in addition to an exemption from CPD requirements. This bill
requires licensees to certify under penalty of perjury that he
or she has completed the required CPD instead of submitting all
documentation. This bill will require CPD courses to be
approved by organizations that are approved by the BOP.
Psychological Assistants. In order to become a licensed
psychologist, applicants must accrue 3,000 hours of supervised
professional experience. 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
reflect the employment, contract, or volunteer opportunities
available in settings beyond current limitations, such as
hospitals, nursing homes, and rehabilitation centers. In the
2016 Committee Staff Background Paper, it was recommended that
the BOP should provide recommendations to the Committees for
updating PA statutes to focus on appropriate supervision, rather
than the physical setting. This bill makes changes related to
PAs by deleting outdated employment restrictions and deletes the
option for a licensed psychologist to supervise, register, or
employ more than three PAs. In addition, this bill makes it
clear that a PA registers with the BOP and not the PAs
supervisor.
Retired License. The Psychology Act 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
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establish a "retired" licensure category, similar to many other
healing arts programs such as the Medical Board, Professional
Fiduciaries Bureau, Board of Behavioral Sciences, and Board of
Optometry. Adding this license designation is a consistent
request from licensees and is included in the BOP's 2014-2018
Strategic Plan.
This bill authorizes the BOP to establish a retired license and
sets up the criteria for such a license. This bill provides two
pathways to return a retired license to active status; 1) for
those retired licensees whose retired license is less than three
years old, and 2) for those retired licensees who retired
license is more than three years old.
Website Information for Consumers. The BOP's website contains
information for the benefit of consumers. As such, the BOP has
requested additional legislative authority to post historical
information on existing and past licensees' approved graduate
and post-graduate education on its website. This bill will
authorize the BOP to post specified information about licensees
on its website including information about disciplinary
licenses, enforcement actions or proceedings, information about
revocations, probations, or limitations on practice ordered by
the BOP, accusations filed by the BOP, citations issued by the
BOP, and specified information about licensee education,
professional information or other information as established by
the BOP through regulations.
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 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
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BOP, and made technical and clarifying changes.
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.
SB 1236 (Price) Chapter 322, Statutes of 2012, extended the
sunset date for the BOP, until 2017, among other provisions.
ARGUMENTS IN SUPPORT:
The California Psychological Association writes in support, "On
behalf of the California Psychological Association, I'm pleased
to inform you of our SUPPORT position on [this bill],
legislation related to the [BOP] sunset extension?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 language that ensures all
eligible licensees will have graduated from an accredited
institution and the establishment of a 'retired licensee'
status."
REGISTERED SUPPORT:
California Psychological Association
REGISTERED OPPOSITION:
None on file.
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Analysis Prepared by:Elissa Silva / B. & P. / (916) 319-3301