BILL ANALYSIS
SENATE COMMITTEE ON Public Safety
Senator Bruce McPherson, Chair A
2003-2004 Regular Session B
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AB 1669 (Chu) 9
As Amended July 2, 2003
Hearing date: July 8, 2003
Business and Professions, Government, and Penal Codes
SH:mc
PEACE OFFICERS - PSYCHOLOGICAL EXAMINATIONS
HISTORY
Source: Speaker's Commission on Police Conduct's Subcommittee
on Police Psychology and the Use of Force
Prior Legislation: None
Support: Los Angeles County Sheriff's Department; California
Organization of Police and Sheriffs; California State
Conference of the National Association for the
Advancement of Colored People
Opposition:None known
Assembly Floor Vote: Ayes 77 - Noes 1
Senate Business and Professions Committee Vote: Ayes 4 - Noes
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KEY ISSUE
SHOULD, EFFECTIVE JANUARY 1, 2005, THE LAW REQUIRE THAT PEACE
OFFICER APPLICANTS BE EVALUATED BY (1) A PHYSICIAN WHO HOLDS A
VALID CALIFORNIA LICENSE TO PRACTICE MEDICINE, HAS SUCCESSFULLY
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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
(CONTINUED)
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; OR (2) 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?
PURPOSE
The purpose of this bill is to require that, effective January
1, 2005, peace officer applicants be evaluated by a licensed
physician and surgeon, as specified, or by a licensed
psychologist, as specified.
Existing law does the following:
1)Provides for the licensing and regulation of physicians
by the Medical Board of California (Medical Board).
2)Provides that the Medical Board's Division of Medical
Quality shall take action against any licensee who is
charged with unprofessional conduct. Provides that
unprofessional conduct includes (but is not limited to)
violating or attempting to violate, directly or
indirectly, assisting in or abetting the violation of, or
conspiring to violate any provision of the Medical
Practice Act.
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3)Provides for the licensing and regulation of
psychologists by the Board of Psychology.
4)Provides that the Board of Psychology may refuse to issue
any license, or may issue a license with terms and
conditions, or may suspend or revoke the license of any
licensee if the licensee has been guilty of
unprofessional conduct. Provides that unprofessional
conduct includes (but is not limited to) violating any of
the provisions of the Psychology Licensing Law or
regulations duly adopted thereunder.
5)Requires peace officer applicants to meet certain minimum
requirements, including but not limited to being found to
be free from any physical, emotional or mental condition,
which might adversely affect the exercise of the powers
of a peace officer.
6)Requires a peace officer applicant's emotional and mental
condition to be evaluated by a licensed physician 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. (Government Code 1031.)
7)Provides that for the purpose of raising the level of
competence of local law enforcement officers, the
California Commission on Peace Officer Standards and
Training (POST) shall establish, and amend from time to
time, minimum standards for relating to physical, mental
and moral fitness for law enforcement officers. Requires
POST to conduct research concerning job-related
educational standards and job-related selection standards
including vision, hearing, physical ability, and
emotional stability. (Penal Code 13510.)
This bill does the following:
1)Provides, as of January 1, 2005, that a peace officer
applicant's emotional and mental condition shall be
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evaluated by either (revised Government Code section
1031(f)):
a)A physician 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; or
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.
1)Requires that, after January 1, 2005, a physician or a
psychologist shall meet the requirements set forth in
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.
2)Provides, as of January 1, 2005, that each department or
agency in California that employs peace officers shall
utilize a person meeting the specified requirements
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.
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COMMENTS
1. Need for This Bill
The author's background on this bill includes the following:
AB 1669 simply revises the education requirements for
physicians and psychologists who perform fitness for duty
evaluations and pre-employment screening for peace
officers.
This bill amends these education requirements so that a
licensed physician or surgeon must also be board certified
in psychiatry by the American Board of Psychiatry and
Neurology, licensed psychologists must have 3 of their 5
years of postgraduate experience be accrued postdoctoral
and both shall also meet any applicable education and
training standards adopted by the California Commission on
Peace Officer Standards and Training before they perform
any peace officer fitness for duty evaluations or peace
officer pre-employment screening. This bill has been
crafted so that law enforcement agencies are responsible
for making sure the psychologists/psychiatrists they
utilize meet the aforementioned standards AND
psychologists/psychiatrists are responsible for making sure
they have met the aforementioned standards before
performing fitness for duty evaluations and pre-employment
screening.
2. Additional Background
The author's office also indicates that:
Existing law requires that peace officers meet certain
minimum standards, including being free from any emotional
or mental condition that might adversely affect the
exercise of the powers of a peace officer. Existing law
also requires that the person's emotional and mental
condition be evaluated by a licensed physician or surgeon
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or by a licensed psychologist who has a doctoral degree in
psychology and at least 5 years of post-graduate experience
in the diagnosis and treatment of emotional and mental
disorders.
Peace officers perform a very difficult and stressful job
that presents many unique psychological issues and the
specialization of police psychology is a relatively new and
evolving field. Under existing law any physician and
surgeon may perform these crucial peace officer evaluations
and there is currently no training or education
requirements for physicians/psychologists that could help
ensure these evaluations are being performed by competent
professionals. Those psychologists who screen and evaluate
officers should themselves be specially trained to address
police specific issues in the most professional manner
available to them.
This legislation is necessary to ensure that mental health
professionals who are performing fitness for duty
evaluations and pre-employment screening for peace officers
are qualified to do so. AB 1669 allows Peace Officers to
feel certain that the professionals who are evaluating
their mental and emotional condition, as it relates to a
peace officer's capacity to do his/her job, have the
special expertise necessary to make that determination.
Also, this legislation provides the general public with the
assurance that the peace officers who are patrolling their
neighborhoods have been properly screened for mental and
emotional conditions that could make them unfit for duty as
an officer.
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3. Amendments Recommended by the Senate Committee on Business
and Professions Included in the Latest Amendments to This Bill
This bill was heard on June 23, 2003, by the Senate Committee on
Business and Professions. The committee recommended the
following amendments to the bill but the amendments were not
adopted by that committee in order to ensure that the bill was
received by this committee in a timely manner. The following
amendments recommended by that committee are now included in
this bill:
Suggested amendments a) and d) are technical and b)
and c), while substantive, are intended to meet the
Author's intent of enabling the boards to discipline
licensees when appropriate.
(a) On page 3, line 1 and line 3, strike "2093" and
insert "2247".
(b) On page 3, strike lines 10-20.
(c) On page 3, strike line 21. Strike pages 5-7. On
page 8, strike lines 1-12 and insert: "Section 2960.6
of the Business and Professions Code is added to read:
A licensee shall meet the requirements set forth in
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. (c) This section shall become
operative on January 1, 2005"
(d) On page 11, lines 34-35, strike "Business and
Professions" and insert "Penal".
4. Additional Amendments Which Were Under Discussion - Now
Included in This Bill
Committee staff had been informed that there were ongoing
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discussions to make additional amendments to this bill
pertaining to the details of the experience required for the
professionals who will be performing the psychological
screenings for peace officer applicants. Those amendments to
Government Code section 1031 make the following changes:
(2) Emotional and mental condition shall be evaluated by
either of the following (A) a licensed physician and
surgeon who is board certified 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 by the American Board of
Psychiatry and Neurology 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 licensed 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.
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