BILL NUMBER: AB 1669 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 28, 2003
AMENDED IN ASSEMBLY APRIL 10, 2003
INTRODUCED BY Assembly Member Chu
FEBRUARY 21, 2003
An act to amend Section 2960 of, and to add Section 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: 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 physician and surgeon
who is board certified in psychiatry by the American Board of
Psychiatry and Neurology 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, with at least 3 of these years
accrued postdoctorate, and who meets would
require the physician and surgeon or psychologist to meet
certain other educational and training requirements
standards . This bill would require a
department or agency employing peace officers to utilize a
psychiatrist physician and surgeon or a
psychologist meeting these requirements for a peace officer
recruit's mental and emotional and mental
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 physicians and surgeons ,
and psychologists and makes a violation of the provisions regulating
psychologists is a misdemeanor.
This bill would prohibit a psychiatrist
physician and surgeon or a 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 is licensed, has met specified
educational and training requirements, and, if a psychologist, 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 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 a registration or license,
may issue a registration or license with terms and conditions, or may
suspend or revoke the registration or license of a registrant or
licensee if the applicant, registrant, or licensee has been guilty of
unprofessional conduct. Unprofessional conduct 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 a controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, a
dangerous drug, or an alcoholic beverage to an extent or in a manner
dangerous to himself or herself, another person, or the public or to
an extent that 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, 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 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 a provision of this chapter or regulations duly
adopted thereunder.
(l) Aiding or abetting 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 a dishonest, corrupt, or fraudulent act.
(o) 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, 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)
(q) Willful failure to submit, on behalf of an applicant for
licensure, verification of supervised experience to the board.
(s)
(r) Repeated acts of negligence.
(s) 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 for
conducting an emotional and mental evaluation set forth in
subdivision (f) of Section 1031 of the Government Code.
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 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 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 that might adversely affect the exercise of the powers of a
peace officer.
(1) Physical condition shall be evaluated by a licensed physician
and surgeon.
(2) Emotional and mental condition shall be evaluated by
a licensed psychiatrist or psychologist who meets all of the
following requirements:
(A) Has either (A) a licensed physician and surgeon
who is board certified in psychiatry by the American Board of
Psychiatry and Neurology, or (B) a licensed psychologist who 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.
(B) Has The physician and surgeon or psychologist
shall also have 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.
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 a person meeting the requirements
for an evaluating psychiatrist or psychologist that are set
forth in paragraph (2) of set forth in
subdivision (f) of Section 1031 of the Government Code ,
applicable to emotional and mental examinations, for any
mental and emotional emotional and mental
evaluation done in the course of the department or agency's
screening 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.