BILL NUMBER: AB 1669 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 10, 2003
INTRODUCED BY Assembly Member Chu
FEBRUARY 21, 2003
An act to amend Sections 2902 and 2903
Section 2960 of, and to add Section 2932
2093 to, the Business and Professions Code, to amend
Section 1031 of the Government Code, and to add Section 832.05
to the Penal Code, relating to peace officers.
LEGISLATIVE COUNSEL'S DIGEST
AB 1669, as amended, Chu. Peace officers: police
psychologists psychological evaluations .
(1) Existing law requires that public officers or employees
declared by law to be peace officers meet certain minimum standards,
including being found free from any emotional or mental condition
that might adversely affect the exercise of the powers of a peace
officer. Existing law requires that the person's emotional and
mental condition be evaluated by a licensed physician and surgeon or
by a licensed psychologist who has a doctoral degree in psychology
and at least 5 years of postgraduate experience in the diagnosis and
treatment of emotional and mental disorders.
This bill would instead require that the evaluation be done by a
licensed psychiatrist or psychologist who has a doctoral degree in
psychology and at least 5 years of postgraduate experience in the
diagnosis and treatment of emotional and mental disorders, with at
least 3 of these years accrued postdoctorate, and who meets certain
other educational and training requirements. This bill would require
a department or agency employing peace officers to utilize a
psychiatrist or psychologist meeting these requirements for a peace
officer recruit's mental and emotional screening evaluation or for
the evaluation of a peace officer to determine fitness for duty.
(2) Existing law regulates the professions of peace officers
, psychiatrists, and psychologists . A
and makes 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)
This bill would prohibit a psychiatrist or psychologist from
performing evaluations of a peace officer applicant's emotional and
mental condition or performing an evaluation of a peace officer's
fitness for duty unless he or she has a doctoral degree in psychology
and at least 5 years of postgraduate experience in the diagnosis and
treatment of emotional and mental disorders, at least three of these
years accrued postdoctorate and has met certain other educational
and training requirements.
Because this bill would create prohibitions applicable to
psychologists, the violation of which would be a crime, it would
impose a state-mandated local program.
(3) 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.
(4) This bill would become operative on an unspecified date.
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
SECTION 1. Section 2093 is added to the Business and Professions
Code, to read:
2093. A licensee shall meet the requirements set forth in
paragraph (2) of subdivision (f) of Section 1031 of the Government
Code prior to performing either:
(a) An evaluation of a peace officer applicant's emotional and
mental condition.
(b) An evaluation of a peace officer's fitness for duty.
SEC. 2. Section 2960 of the Business and Professions Code is
amended to read:
2960. The board may refuse to issue any a
registration or license, or may issue a
registration or license with terms and conditions, or may suspend or
revoke the registration or license of any a
registrant or licensee if the applicant, registrant, or
licensee has been guilty of unprofessional conduct. Unprofessional
conduct shall include, but not be includes,
but is not limited to , all of the following :
(a) Conviction of a crime substantially related to the
qualifications, functions , or duties of a psychologist or
psychological assistant.
(b) Use of any a controlled
substance as defined in Division 10 (commencing with Section 11000)
of the Health and Safety Code, or a
dangerous drug, or any an alcoholic
beverage to an extent or in a manner dangerous to himself or herself,
any other another person, or the
public , or to an extent that this
the use impairs his or her ability to perform
the work of a psychologist with safety to the public.
(c) Fraudulently or neglectfully misrepresenting the type or
status of license or registration actually held.
(d) Impersonating another person holding a psychology license or
allowing another person to use his or her license or registration.
(e) Using fraud or deception in applying for a license or
registration or in passing the examination provided for in this
chapter.
(f) Paying, or offering to pay, accepting, or
soliciting any consideration, compensation, or remuneration, whether
monetary or otherwise, for the referral of clients.
(g) Violating Section 17500.
(h) Willful, unauthorized communication of information received in
professional confidence.
(i) Violating any a rule of
professional conduct promulgated by the board and set forth in
regulations duly adopted under this chapter.
(j) Being grossly negligent in the practice of his or her
profession.
(k) Violating any of the provisions a
provision of this chapter or regulations duly adopted
thereunder.
(l) The aiding Aiding or abetting
of any a person to engage in the
unlawful practice of psychology.
(m) The suspension, revocation , or imposition of
probationary conditions by another state or country of a license or
certificate to practice psychology or as a psychological assistant
issued by that state or country to a person also holding a license or
registration issued under this chapter , if the act for
which the disciplinary action was taken constitutes a violation of
this section.
(n) The commission of any a
dishonest, corrupt, or fraudulent act.
(o) Any An act of sexual abuse
, or sexual relations with a patient or former
patient within two years following termination of therapy, or sexual
misconduct that is substantially related to the qualifications,
functions , or duties of a psychologist or
, psychological assistant , or
registered psychologist.
(p) Functioning outside of his or her particular field or fields
of competence as established by his or her education, training, and
experience.
(q) Performing evaluations of a peace officer applicant's
emotional and mental condition or performing an evaluation of a peace
officer's fitness for duty without meeting the requirements set
forth in paragraph (2) of subdivision (f) of Section 1031 of the
Government Code.
(r) Willful failure to submit, on behalf of an applicant for
licensure, verification of supervised experience to the board.
(r)
(s) Repeated acts of negligence.
SEC. 3. Section 1031 of the Government Code is amended to read:
1031. Each class of public officers or employees declared by law
to be peace officers shall meet all of the following minimum
standards:
(a) Be a citizen of the United States or a permanent resident
alien who is eligible for and has applied for citizenship, except as
provided in Section 2267 of the Vehicle Code.
(b) Be at least 18 years of age.
(c) Be fingerprinted for purposes of search of local, state, and
national fingerprint files to disclose any a
criminal record.
(d) Be of good moral character, as determined by a thorough
background investigation.
(e) Be a high school graduate, pass the General Education
Development Test indicating high school graduation level, pass the
California High School Proficiency Examination, or have attained a
two-year or four-year degree from an accredited college or
university. The high school shall be either a United States public
school meeting the high school standards set by the state in which it
is located, an accredited United States Department of Defense high
school, or an accredited nonpublic high school. Any accreditation
required by this paragraph shall be from an accrediting association
recognized by the Secretary of the United States Department of
Education. This subdivision shall not apply to any
a public officer or employee who was employed,
prior to the effective date of the amendment of this section made at
the 1971 Regular Session of the Legislature, in any position declared
by law prior to the effective date of that amendment to be peace
officer positions.
(f) Be found to be free from any physical, emotional, or mental
condition which that might adversely
affect the exercise of the powers of a peace officer.
Physical
(1) Physical condition shall be evaluated by a licensed
physician and surgeon. Emotional
(2) Emotional and mental condition shall be evaluated by a
licensed physician and surgeon or by a licensed
psychiatrist or psychologist who has
meets all of the following requirements:
(A) Has a doctoral degree in psychology and at least five
years of postgraduate experience in the diagnosis and treatment of
emotional and mental disorders , with at least three of these
years accrued postdoctorate . This
(B) Has met any applicable education and training standards
adopted by the California Commission on Peace Officer Standards and
Training.
This section shall not be construed to preclude the adoption
of additional or higher standards, including age. 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
a person meeting the requirements for an evaluating
psychiatrist or psychologist that are set forth in paragraph (2) of
subdivision (f) of Section 1031 of the Government Code for any mental
and emotional evaluation done in the course of the department or
agency's screening or training of peace
officer recruits or the evaluation of peace officers to determine
their fitness for duty.
SEC. 5. This act shall become operative on ____.
SEC. 6. 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.