BILL NUMBER: AB 1669 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 2, 2003
AMENDED IN ASSEMBLY MAY 13, 2003
AMENDED IN ASSEMBLY APRIL 28, 2003
AMENDED IN ASSEMBLY APRIL 10, 2003
INTRODUCED BY Assembly Member Chu
FEBRUARY 21, 2003
An act to amend, repeal, and add Section 2960 of, and to
add Sections 2093 and 2430 to, An act to add Sections
2247 and 2960.2 to the Business and Professions Code, to amend,
repeal, and add 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. Existing law
regulates the professions of physicians and surgeons and
psychologists, and makes a violation of the provisions regulating
psychologists a misdemeanor.
This bill would, on and after January 1, 2005, instead require
that the evaluation be done by a licensed
physician and surgeon who is board certified in psychiatry
by the American Board of Psychiatry and Neurology has
completed specified residency and experience requirements or by
a licensed psychologist who has a doctoral degree in
psychology and at least 5 full-time years of
postgraduate experience in the diagnosis and treatment of emotional
and mental disorders, with at least 3 of these years accrued
postdoctorate, and would require the physician and surgeon or
psychologist to meet certain other educational and training
standards. The
This bill, on and after January 1, 2005, would require a
state or local department or agency employing peace
officers to utilize a physician and surgeon or a psychologist meeting
these requirements for a peace officer recruit's 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,
physicians and surgeons, and psychologists and makes a violation of
the provisions regulating psychologists is a misdemeanor.
This bill, on and after January 1, 2005, would prohibit a
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. The bill
would also, on or after January 1, 2005, prohibit a physician and
surgeon or a psychologist from performing such evaluations unless he
or she meets the licensing, education, 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)
(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 2093 2247 is
added to the Business and Professions Code, to read:
2093.
2247. (a) A licensee shall meet the requirements set forth
in subdivision (f) of Section 1031 of the Government Code prior to
performing either of the following :
(a)
(1) An evaluation of a peace officer applicant's emotional
and mental condition.
(b)
(2) An evaluation of a peace officer's fitness for duty.
(c)
(b) This section shall become operative on January 1, 2005.
SEC. 2. Section 2430 is added to the Business and Professions
Code, to read:
2430. (a) The board may suspend, revoke, or refuse to renew the
license of a physician and surgeon that is a board certified
psychiatrist if that physician and surgeon performs evaluations of a
peace officer applicant's emotional and mental condition, or performs
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.
(b) This section shall become operative on January 1, 2005.
SEC. 3. Section 2960 of the Business and Professions Code is
amended to read:
2960. The board may refuse to issue any 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 registrant
or licensee if the applicant, registrant, or licensee has been guilty
of unprofessional conduct. Unprofessional conduct shall include,
but not be limited to:
(a) Conviction of a crime substantially related to the
qualifications, functions or duties of a psychologist or
psychological assistant.
(b) Use of any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or
dangerous drug, or any alcoholic beverage to an extent or in a manner
dangerous to himself or herself, any other person, or the public, or
to an extent that this 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 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 of this chapter or regulations
duly adopted thereunder.
(l) The aiding or abetting of any 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 dishonest, corrupt, or fraudulent act.
(o) Any 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) Willful failure to submit, on behalf of an applicant for
licensure, verification of supervised experience to the board.
(r) Repeated acts of negligence.
(s) This section shall become inoperative on January 1, 2005, and
as of that date is repealed, unless a later enacted statute that is
enacted before January 1, 2005, deletes or extends the dates on which
it becomes inoperative and is repealed.
SEC. 4. Section 2960 is added to the Business and Professions
Code, 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) Willful failure to submit, on behalf of an applicant for
licensure, verification of supervised experience to the board.
(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.
(t) This section shall become operative on January 1, 2005.
SEC. 5.
SEC. 2. Section 2960.2 is added to the Business and Professions
Code, to read:
2960.2. (a) A licensee shall meet the requirements set forth in
subdivision (f) of Section 1031 of the Government Code prior to
performing either of the following:
(1) An evaluation of a peace officer applicant's emotional and
mental condition.
(2) An evaluation of a peace officer's fitness for duty.
(b) This section shall become operative on January 1, 2005.
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 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 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 might adversely affect the exercise of the powers of
a peace officer. Physical condition shall be evaluated by a licensed
physician and surgeon. Emotional and mental condition shall be
evaluated by a licensed physician and surgeon or by 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.
This section shall not be construed to preclude the adoption of
additional or higher standards, including age.
(g) This section shall become inoperative on January 1, 2005, and
as of that date is repealed, unless a later enacted statute
that , which is enacted before January 1, 2005,
deletes or extends the dates on which it becomes inoperative and is
repealed.
SEC. 6.
SEC. 4. Section 1031 is added to the Government Code, 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
either (A) a licensed physician and surgeon who is board certified in
psychiatry by the American Board of Psychiatry and Neurology and has
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 after psychiatric residency, 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. The either of the following:
(A) A physician and surgeon who holds a valid California license
to practice medicine, has successfully completed a postgraduate
medical residency education program in psychiatry accredited by the
Accreditation Council for Graduate Medical Education, and has at
least the equivalent of five full-time years of experience in the
diagnosis and treatment of emotional and mental disorders, including
the equivalent of three full-time years accrued after completion of
the psychiatric residency program.
(B) A psychologist licensed by the California Board of Psychology
who has at least the equivalent of five full-time years of experience
in the diagnosis and treatment of emotional and mental disorders,
including the equivalent of three full-time years accrued
postdoctorate.
The physician and surgeon or psychologist shall also have
met any applicable education and training procedures set forth by the
California Commission on Peace Officer Standards and Training
designed for the conduct of preemployment psychological screening of
peace officers.
This
(g) This section shall not be construed to preclude the
adoption of additional or higher standards, including age.
(g)
(h) This section shall become operative on January 1, 2005.
SEC. 7.
SEC. 5. Section 832.05 is added to the Business and
Professions Penal Code, to read:
832.05. (a) Each state or local department or agency
in this state that employs peace officers shall
utilize a person meeting the requirements set forth in subdivision
(f) of Section 1031 of the Government Code, applicable to emotional
and mental examinations, for any 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.
(b) This section shall become operative on January 1, 2005.
SEC. 8.
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.