BILL NUMBER: AB 1669	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chu

                        FEBRUARY 21, 2003

   An act to amend Sections 2902 and 2903 of, and to add Section 2932
to, the Business and Professions Code, and to add Section 832.05 to
the Penal Code, relating to peace officers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1669, as introduced, Chu.  Peace officers: police
psychologists.
   (1) Existing law regulates the professions of peace officers and
psychologists.  A violation of the provisions regulating
psychologists is a misdemeanor.
   This bill would provide that each department or agency in this
state that employs peace officers shall utilize certified police
psychologists, as defined, when the department or agency is engaged
in the screening or training of peace officer recruits or the
evaluation of peace officers to determine their fitness for duty.
The bill would require the Board of Psychology, in conjunction with
the Commission on Peace Officer Standards and Training, to establish
education, training, and continuing education requirements for the
certification of a person as a police psychologist.  The bill would
require the board to certify a police psychologist after receiving an
application and payment of a fee if the police psychologist meets
the established requirements.  A person would not be able to engage
in the practice of, or represent himself or herself to be, a police
psychologist without being granted that certification.  By creating
new crimes relating to the profession of psychology and by requiring
local law enforcement to utilize certified police psychologists under
certain conditions, the bill would impose a state-mandated local
program.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2902 of the Business and Professions Code is
amended to read:
   2902.  As used in this chapter, unless the context clearly
requires otherwise and except as in this chapter expressly otherwise
provided:
   (a)  (1)  "Licensed psychologist" means an individual to
whom a license has been issued pursuant to the provisions of this
chapter, which license is in force and has not been suspended or
revoked.  
   (2) "Police psychologist" means a licensed psychologist who
engages in the screening or training of peace officer recruits or the
evaluation of peace officers to determine their fitness for duty and
who meets the certification requirements of the board as specified
in subparagraph (B).  
   (b) "Board" means the Board of Psychology.
   (c) A person represents himself or herself to be a psychologist
when the person holds himself or herself out to the public by any
title or description of services incorporating the words "psychology,"
"psychological," "psychologist," "psychology consultation,"
"psychology consultant,"  "police psychologist," 
"psychometry," "psychometrics" or "psychometrist," "psychotherapy,"
"psychotherapist," "psychoanalysis," or "psychoanalyst," or when the
person holds himself or herself out to be trained, experienced, or an
expert in the field of psychology.
   (d) "Accredited," as used with reference to academic institutions,
means the University of California, the California State University,
an institution accredited under Section 94761 of the Education Code,
or an institution located in another state that is accredited by a
national or an applicable regional accrediting agency recognized by
the United States Department of Education.
   (e) "Approved," as used with reference to academic institutions,
means approved under Section 94777 of the Education Code.
  SEC. 2.  Section 2903 of the Business and Professions Code is
amended to read:
   2903.   (a) (1)  No person may engage in the practice of
psychology, or represent himself or herself to be a psychologist,
without a license granted under this chapter, except as otherwise
provided in this chapter.  The practice of psychology is defined as
rendering or offering to render for a fee to individuals, groups,
organizations or the public any psychological service involving the
application of psychological principles, methods, and procedures of
understanding, predicting, and influencing behavior, such as the
principles pertaining to learning, perception, motivation, emotions,
and interpersonal relationships; and the methods and procedures of
interviewing, counseling, psychotherapy, behavior modification, and
hypnosis; and of constructing, administering, and interpreting tests
of mental abilities, aptitudes, interests, attitudes, personality
characteristics, emotions, and motivations. 
   (2) No person may engage in the practice of, or represent himself
or herself to be, a police psychologist, as defined in subdivision
(a) of Section 2902, without a certification granted under this
chapter, except as otherwise provided in this chapter. 
    (b)  The application of these principles and methods
includes, but is not restricted to:  diagnosis, prevention,
treatment, and amelioration of psychological problems and emotional
and mental disorders of individuals and groups.
    (c) (1)  Psychotherapy within the meaning of this
chapter means the use of psychological methods in a professional
relationship to assist a person or persons to acquire greater human
effectiveness or to modify feelings, conditions, attitudes and
behavior which are emotionally, intellectually, or socially
ineffectual or maladjustive.
    (2)  As used in this chapter, "fee" means any charge,
monetary or otherwise, whether paid directly or paid on a prepaid or
capitation basis by a third party, or a charge assessed by a
facility, for services rendered.
  SEC. 3.  Section 2932 is added to the Business and Professions
Code, to read:
   2932.  The board shall, in conjunction with the Commission on
Peace Officer Standards and Training, establish education, training,
and continuing education requirements for the certification of a
person as a police psychologist.  The board shall certify police
psychologist upon receiving an application and payment of a
certification fee, as determined by the board, if the applicant meets
the requirements of this section.
  SEC. 4.  Section 832.05 is added to the Business and Professions
Code, to read:
   832.05.  Each department or agency in this state that employs
peace officers shall utilize certified police psychologists, as
provided in Sections 2902 and 2903 of the Business and Professions
Code, when the department or agency is engaged in the screening or
training of peace officer recruits or the evaluation of peace
officers to determine their fitness for duty.
  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs  that may be incurred by a local agency or school
district because in that regard this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.