BILL ANALYSIS Ó
SB 1194
Page 1
SENATE THIRD READING
SB
1194 (Hill)
As Amended May 31, 2016
Majority vote
SENATE VOTE: 39-0
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|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, | |
SB 1194
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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