BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1194


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          SENATE THIRD READING


          SB  
          1194 (Hill)


          As Amended  May 31, 2016


          Majority vote


          SENATE VOTE:  39-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Business &      |16-0 |Salas, Brough, Baker, |                    |
          |Professions     |     |Bloom, Campos,        |                    |
          |                |     |Chávez, Dahle, Dodd,  |                    |
          |                |     |Eggman, Gatto, Gomez, |                    |
          |                |     |Holden, Jones,        |                    |
          |                |     |Mullin, Ting, Wood    |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |20-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Jones, Obernolte,     |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Wagner, Weber, Wood,  |                    |








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          |                |     |McCarty               |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          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).  Specifically, 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  








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            psychology from an institution that is not accredited by an  
            accrediting agency recognized by the USDE but is approved to  
            operate by the Bureau for Private Postsecondary Education  
            (BPPE).


          5)Changes references of 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:  a)  
            professional; b) academic; c) sponsored continuing education  
            coursework; and, d) 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.









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          11)Revises the BOP's authority to accept CE courses from certain  
            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 Web site 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  








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                 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,  
                 posted for five years from the date of issuance.


          17)Authorizes the BOP to post on its Internet Web site 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 Web site.


          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;  








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            completing CPD, and complying with fingerprint submission  
            requirements.


          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 Assembly Appropriations  
          Committee: 


          1)Approximately $5 million (fee-supported Psychology Fund) per  
            year to continue operation of the BOP for an additional four  
            years. 


          2)Minor and absorbable costs to issue regulations to implement a  
            retired license type, and to make necessary information  
            technology changes (Psychology Fund).


          3)Unknown, likely minor, ongoing revenue loss to the Psychology  
            Fund, as well as reduced administrative workload, to the  
            extent some individuals apply for a retired license ($75  
            one-time fee and application) instead of an inactive license  
            ($50 every two years). 


          COMMENTS:  










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          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.  PAs are  
          registered to a licensed psychologist or to a board-certified  
          psychiatrist as employees who provide limited psychological  
          services.  


          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  
          Department of Consumer Affairs (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 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  








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          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  
          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  








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          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.  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  
          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.  










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          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 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.










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          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.  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.  




          Analysis Prepared by:                                             
                          Elissa Silva / B. & P. / (916) 319-3301  FN:  
          0004034